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Michael F. Hacker

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Drug and Alcohol Dependence

Effect of Drug and Alcohol Dependence on a Claimant's SSI and SSDI benefits

The definition of "disability" is the same for both Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). With respect to the effect that a claimant's drug addiction or alcoholism has on his "disability" determination, the Social Security Administration (SSA) has explained that the evaluative principles for disability claims are the same for drug addicts and alcoholics as for those claimants who are not suffering from such ailments.

Pursuant to the Contract with America Advancement Act of 1996, the diagnosis of drug addiction or alcoholism, alone, will not suffice for a "disability" determination. As such, if drug addiction or alcoholism is material to a finding of "disability," a claimant will be ineligible for SSDI or SSI benefits. If the claimant is disabled through another impairment, and secondarily suffers from a drug or alcohol addiction, he may still be able to recover SSDI and SSI benefits. The key question is whether the claimant would remain disabled as a result of his physical or mental impairment(s) if he no longer used drugs or alcohol.

The SSA has pointed out that drug addicts and alcoholics can suffer from the same ailments or conditions that befall other individuals. Thus, it will evaluate the severity of the claimant's impairment that results from or is manifested by all the claimant's diagnosed conditions. If the claimant can engage in substantial gainful activity, even as an alcoholic or drug addict, he will not be considered "disabled."

An individual who is considered "disabled" by the SSA must follow the prescribed treatment that could restore his ability to work and generally he must participate in vocational rehabilitation. For SSI, when alcoholism or drug addiction is a contributing factor, an individual must acquiesce to certain conditions. First, he must undergo appropriate treatment for his alcoholism or drug addiction. Second, he must receive his benefits payments through a representative payee. These conditions were instituted to help rehabilitate the claimant in order for him to become a productive member of society.

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