How Does Alcohol or Drug Addiction Affect a Disability Claim?

 Posted on July 05, 2017 in Social Security Disability

Alcohol and drug addiction are serious mental disorders that can be fatal if left untreated. According to the Illinois Department of Human Services, over 5,500 Illinois residents die every year as a direct or indirect result of addiction. Thousands more suffer with physical dependence or withdrawal symptoms.

Neither alcohol nor drug addiction are considered disabilities by the Social Security Administration. In fact, you can be denied disability benefits if Social Security determines that quitting alcohol or drug use would improve your medical condition to the point that any other impairments you have are no longer disabling.

However, if you can prove that your impairment would continue regardless of whether you stopped using alcohol or drugs, then Social Security cannot use your addiction as grounds for rejecting your disability claim.

Social Security Fails to Properly Assess Recovering Alcoholic's Other Mental Impairments

Of course, Social Security can always try to find some other excuse. Consider a recent Illinois disability case on that point.

The applicant first applied for disability benefits approximately six years ago. He initially alleged his disability began in September 2011, but later amended that date to April 2014. It was at that time he began treatment for his chronic alcoholism.

Aside from alcoholism, the applicant was also diagnosed with “major depressive disorder with psychotic features.” The Social Security administrative law judge (ALJ) who reviewed the case found the applicant had “moderate difficulties in maintaining concentration, persistence or pace.” Based on this, the ALJ concluded the applicant could still perform “simple, repetitive and routine tasks.” In the ALJ’s opinion, the applicant could “work at the light exertional level with some physical and mental limitation,” and therefore denied his claim for disability benefits.

A federal judge said the ALJ's reasoning was inadequate and ordered a new hearing. Specifically, previous cases from Illinois have established that “a limitation to simple, repetitive tasks or unskilled work does not adequately account for a moderate limitation in maintaining concentration, persistence or pace.” Furthermore, the ALJ never asked the applicant's treating physician to assess his “concentration, persistence or pace.” The ALJ simply made an assumption that was not supported by the evidence presented.

Need Help With Your Illinois Disability Case?

Alcohol or drug abuse is often just one of many mental disorders that a person be suffering from at a given time. The mere fact that you have a substance abuse problem does not disqualify you from seeking or receiving disability benefits. However, it is critical to properly document your other mental disorders so as to prove they are not a direct result of your substance abuse problem.

If you are struggling with addiction, the last thing you probably want to do is deal with Social Security officials. This is where a skilled Chicago disability benefits lawyer can help. Call Pearson Disability Law, LLC, today at 312-999-0999.

Sources:

http://www.dhs.state.il.us/page.aspx?item=31787

https://scholar.google.com/scholar_case?case=7861731357315420256