Drinking, Drugs & Disability: Will Substance Abuse Hurt my Case?
The issue of substance abuse can be a complicated one. In short, abusing drugs or alcohol will make your disability case tougher, but that does not mean you will definitely be denied.
Substance Abuse Can Make The Process More Difficult
When considering drugs and alcohol, the question the Social Security Administration must ask is: If the claimant stops using drugs and/or alcohol, would they still be disabled? In some cases, this is very simple. In others, it can be much more complicated.
Examples of how Substance Abuse Can Affect an SSDI Claim
Example 1: Applicant is claiming disability based on a severe back injury from a car accident. If claimaint stopped abusing alcohol or drugs, the back injury would still be the same. The judge cannot use the substance abuse as a reason to deny the applicant.
Example 2: Applicant has uncontrolled diabetes with frequent hospitalizations because their blood sugar is sky high, and they also drink heavily. Alcohol abuse is going to affect the Applicant’s diabetes. If they stopped drinking, their diabetes could be controlled. If the judge decides that Applicant’s condition would improve by staying sober, the Applicant could be denied.
Stopping May Be Hard, But It Can Really Help
One thing that can really help your case is to stop using drugs or alcohol. If you stop, and your disability continues, then the judge can see that drugs or alcohol are not causing the disability.
The only way you can be certain the judge will deny you for drug or alcohol use is by lying. The medical records Social Security collects will already show reports of drug or alcohol abuse. This includes statements you make to doctors or nurses, as well as test results. Based on this information, the judge will already have a good idea of what your drug or alcohol use is like. If you lie during your hearing, the judge will know, and will use it as a reason to say none of your statements can be trusted.
This Is A Complex Issue
But remember, these examples are a very simple look at a complicated issue. Most disability cases involve numerous medical conditions, and can include a mix of physical and mental conditions. For that reason, if you have a history of drug and alcohol abuse, it is best to work with a advocate on your disability case.
Linda Cosme formerly served as a Member of the Appeals Council (AC) for the Social Security Administration (SSA), and Program Expert for the Social Security Administration and Disability Quality Branch (DQB). Ms. Cosme also served as a Quality Assurance (QA) Reviewer, Initial Disability Examiner, Reconsideration Disability Examiner, and Continuing Disability Examiner (CDR) for the Disability Determination Services (DDS). She is admitted to practice law in Arizona, Georgia, and the United States Ninth Circuit Court of Appeals.
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