CAN YOU GET DISABILITY BENEFITS FOR DRUG OR ALCOHOL ADDICTION?

No, you cannot get Social Security disability benefits FOR an addiction.

But you may be able to get benefits WITH an addiction.

There is a big difference.

In 1996, Congress passed Public Law (P.L.) 104-121—which terminated benefits for Supplemental Security Income (SSI) and Disability Insurance (SSDI) beneficiaries whose primary impairment was drug addiction, alcoholism, or both. As a result of the 1996 legislation, those individuals became ineligible for benefits, effective January 1, 1997.

Claimants may not get SSDI or SSI benefits if addiction is their primary impairment. However, if the claimant has other severe impairments in addition to an addiction, he/she could qualify for benefits based on the other impairments.

Here's an example: Mr. John Claimant has a substance addition which is severe. In addition, he has severe congestive heart failure which is not related to his addiction. Social Security cannot find Mr. Claimant disabled because of his addiction. But they may find him disabled because of the heart failure. So, he may be disabled WITH an addiction, not because of an addiction.

Here are the two tests Social Security will use to determine if the addiction is material to the other disability:

1. Would the other disability exist in the absence of the addiction?

2. If the claimant stopped using the addictive substance would he still be disabled by reason of the other impairment? If so, the addiction is not material and will not be used to deny benefits.

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Charles W. Forsythe is president of The Forsythe Firm in Huntsville, Alabama. He handles complicated Social Security disability claims, appeals and hearings. Free consultations by calling (256) 799-0297.

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