Illegal Drugs, Alcohol and your Social Security case DON’T mix!

July 8, 2009 · Filed Under Social Security, Uncategorized · 4 Comments 

Several years ago, the Social Security Administration provided disability benefits to individuals based on their addictions to controlled substances such as Alcohol and Illegal Drugs.   However, the Social Security Administration reversed this position and now, individuals who are applying for disability benefits must keep in mind the impact that illegal drugs or alcohol may have on their case.

The regulations refer to this as standard as the materiality standard.   In other words, the SSA wants to know what type of impact that drugs or alcohol may have on your case.

Here’s how it works, suppose you’re alleging that you’re depressed.  However, at the same time, you’re using an illegal drug like ‘cocaine or marijuana’.  Well, the question the SSA is going to ask is if you stopped using cocaine or marijuana (or whatever illegal substance), will you improve?  If your condition improves, then it is assumed that the drugs are material to you being found disabled.

Now, every situation is a little different but it’s important to remember that illegal drugs or alcohol will NOT help your social security claim.  it’s important that you realize that if you are applying for disability benefits, any use of illegal drugs or alcohol may have an adverse effect on your case.   So please keep these things in mind.