Most people wouldn’t think that substance abuse problems would lead to disabilities. However, a new study highlights the issue and reports that some substance abuse issues can actually lead to disabilities that may warrant Social Security Disability (SSD) and Medicaid / Medicare benefits. Here’s a look at both:
…behavioral or physical changes associated with the regular use of substances that affect a person’s central nervous system (CNS). These types of issues include organic mental disorders, depressive syndrome, anxiety disorders, personality disorders, peripheral neuropathies, liver damage, gastritis, pancreatitis and seizures.
The SSA cannot refuse to pay benefits to someone with a substance addiction disorder if they are actively abusing drugs or alcohol – as long as the qualifying condition will remain.
In order to determine this, a drug and alcohol addiction (DAA) evaluation is conducted to gauge the permanency of the disability. However, it is often difficult to identify the severity of depression and anxiety, especially if they can be treated with drugs or therapy and the abuser gets sober. However, anyone who is actively using drugs or alcohol, but qualifies for benefits, cannot receive those benefits directly. A third party “representative payee” will be designated to manage the benefits.
There are two types of Social Security Disability benefits available – SSI (Social Security Income) and SSDI (Social Security Disability Income). While each has different basic eligibility requirements, both have the same definition of disabled. To be considered disabled, your condition must have lasted 12 months, be expected to last 12 more months or must be a condition that will result in death. Your disability must prevent you from working and earning a living and must have a severe impact on your life.
Unfortunately, the SSA has started to crack down on those seeking SSD benefits after discovering that many applicants obtained benefits through fraudulent means. Although some say the government’s approach has been overly aggressive, the bottom line is that those who need SSD benefits most may have to jump through more hoops to obtain them.
Having an experienced Social Security Disability benefits attorney on your side can make that process easier because they understand how the process works, the qualifying standards needed for the application, how the SSA narrowly defines the definition of a “disability,” what triggers the SSA to reject benefits and, most importantly, how to appeal. It’s the latter issue that’s the most important, as more than half of all SSD benefits are denied.