DISABILITY & DRUG OR ALCOHOL ABUSE

Almost everyday I get calls from people complaining that Social Security pays disability benefits to drug addicts and individuals who abuse alcohol.  Well meaning people are concerned that eligible claimants are being denied while millions of people are being awarded benefits for drug or alcohol abuse.

Actually, Social Security has a long-standing regulation that makes substance abuse ineligible for disability benefits.  If an individual has other severe impairments with substance abuse or alcoholism, the other impairments may qualify for disability benefits as long as the alcohol or drug use is "not material" to the other impairments.

According to 20 C.F.R. 404.1535, the key factor to be examined in determining whether drug addiction or alcoholism is a contributing factor material to the determination of disability is whether [Social Security] would still find the claimant to be disabled if he/she stopped using drugs or alcohol.

The obvious example that I use is brain cancer.  If an individual has incurable brain cancer but also happens to be an alcoholic, the brain cancer will still qualify for disability benefits because even if the individual stopped using alcohol, he would still have brain cancer.