When faced with a disabling condition, individuals may find it challenging to navigate the complexities of the Social Security Disability system. This section aims to provide clarity on what Social Security Disability is and the eligibility criteria for obtaining disability benefits. People with disabilities—whether physical, mental, or both—are more likely to experience more severe effects of addiction. They’re also more susceptible to subsequent relapse than the general population. Unfortunately, people with disabilities may also be less likely to receive appropriate treatment for their addiction.
- Learn more about how OUD canmeet the ADA’s definition of disability at The Americans with Disabilities Act and the Opioid Crisis.
- But if the agency determines that your drug addiction is the main factor behind your functional limitations, the SSA will deny your claim.
- Many Social Security disability applicants have wrestled with drug or alcohol abuse at one time or another, whether for prescribed medications or illicit („street”) substances.
Jason is a person with a disability covered by the ADA because he is a person in recovery, i.e., no longer illegally using drugs. The half-way house must admit anyone who is receiving medication to treat substance use disorder, unless it completely changes their program (a fundamental alteration). For example, the half-way house doesn’t dispense any medications, so requiring the staff to dispense Suboxone would fundamentally change their operations.
You can’t receive Social Security disability benefits (SSDI or SSI) based on drug addiction alone (since a rule change in 1996), even if your dependence on drugs makes it impossible for you to work. So if drug addiction is your only impairment, you won’t qualify for disability benefits. And in fact, if you’re addicted to and using drugs, it can prevent you from getting disability dealing with an alcoholic: how to cope benefits for other impairments as well. However, if you’ve stopped taking drugs and the Social Security Administration (SSA) believes you’re in recovery, you should be able to get disability benefits for drug-related damage and other impairments. Read on to learn how substance abuse can affect your disability claim, how the SSA treats addiction, and how to qualify for benefits.
What kind of treatment is there for OUD?
It is important to note that an individual’s substance abuse history will be considered when determining their eligibility for disability benefits. When medication is used to treat substance use disorders, a person is legally prescribed medication such as Suboxone, Methadone, or Vivitrol etc. to treat their addiction. You still cannot get disability benefits on the basis of an addiction to painkillers or other prescription narcotics. But Social Security does not apply the “material”/”not material” test to prescription drugs as long as you are taking them at the frequency and quantity your doctor ordered.
How to Stop Shopping Addiction?
Researchers in Brazil hope to support people struggling with cocaine addiction with a vaccine that would stop users getting high off the drug and lower their risk of addiction. Rachael Rollins, who was sworn in as the U.S. attorney in Massachusetts in January, told STAT that she intended to promote widely the work that the office has been doing in this area. Attorneys have done presentations for a trade group representing nursing facilities about ADA protections, and Rollins said she hopes to do trainings with medical schools and associations. By understanding the role of vocational experts in the application process, you can be prepared for potential assessments and ensure that all relevant information is provided to support your claim.
However, if she takes more than prescribed, she may not be covered under the ADA. Dabbing is well known in the medical cannabis community, but for the layperson, a dab is a concentrated glob of cannabis extract dropped onto a heat source and inhaled. Before the existence of purpose-built devices, dabbing involved torches, glass, and metal tools—not ideal for anyone who has tremors, reduced grip strength, or pain in their hands. Dabbing is strong, works fast, and is sometimes intoxicating, so it’s not for everyone, but if you’re in pain, it’s an option.
This is where drug use leads to a false sense of comfort in addiction, which can worsen mental and emotional disabilities. This is particularly true for people who use intravenous drugs or substances that harm the body’s organs and systems. Information about treatment for opioid use disorder is available at hhs.gov/opioids, findtreatment.gov, samhsa.gov/medication-assisted-treatment/practitioner-programdata/treatment-practitioner-locator, and dpt2.samhsa.gov/treatment. A city terminates an employee based on his disclosure that he completed treatment for aprevious addiction to prescription opioids. The city may be in violation of the ADA fordiscriminating against the employee based on his record of OUD. Typically, yes, unless the individual is currently engaged in illegal drug use.
Drug dealing and smuggling in Berlin
A town refuses to allow a treatment center for people with OUD to open after residentscomplained that they did not want “those kind of people” in their area. The town mayviolate the ADA if its refusal is because of the residents’ hostility towards people with OUD. Read more about potential discrimination against individuals with OUD at The Americans with Disabilities Act and the Opioid Crisis.
The ADA prohibits employers from discriminating against individuals with disabilities and requires employers to provide reasonable accommodations for them. Yes, she is protected under the ADA because she has a history of an impairment (addiction to cocaine), and has refrained from the use of illegal drugs for eight years which is a good indication that there is not an ongoing problem. The potential employer violated the ADA when he refused to hire Marianna because of her recovery status.
To qualify for disability for any of these impairments, you’d have to fulfill the SSA’s requirements for the related listings. But if you’re still using drugs—even prescription drugs if you’re using more than your doctor prescribed—the SSA will definitely make a DAA determination to decide if your impairments would go away if you stopped using drugs. And you’d have a very steep uphill battle convincing the SSA that your depression, anxiety, seizures, or issues cocaine withdrawal caused by a personality disorder wouldn’t go away if you stopped using drugs. Yes, the recovery home discriminated against Sofia under the ADA because she wasn’t allowed to take her medication while participating in the treatment program. Sofia is considered a person with a disability because she has anxiety, depression, and addiction to alcohol, which are mental impairments that substantially limit Sofia’s major life activity of caring for herself.
Would You Be Able to Work If You Stopped Using Drugs or Alcohol?
If you think your doctor would write a supporting statement, try to get the opinion in writing as early as possible. For people dealing with drug and alcohol addiction, no option currently exists for Social Security to award benefits on that basis alone. You’ll have to show that you have another condition that prevents you from working. A drug rehabilitation program asks a participant to leave because that participant routinelybreaks a rule prohibiting the use of illegal drugs while in the program. This is notdiscrimination under the ADA because the program can require participants to abstain fromillegal drugs while in the program. Copyright ©2024 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states.
Under the company’s drug use policy, Binh can be fired for using illegal drugs at work. However, nothing in the ADA would limit the company’s ability to offer leave or other assistance that may enable Binh to receive treatment if it chooses. People who experience opioid use disorder may be prescribed medication to treat their addiction. In these cases, a person is prescribed medication by a doctor such as Suboxone, methadone, or Vivitrol to treat their addiction. These are legally prescribed medications used to treat addiction, just like insulin is legally prescribed to treat diabetes.
If you’re applying for disability due to a mental disorder and have a history of drug addiction, the SSA will look for a period of sobriety to see how you function without interference from substance use. For more information, see our article on how Social Security evaluates drug addiction. And if you’re dealing with flower, the necessary tools, like rolling papers, may also be difficult to use. In some cases, correctional facilities have argued they are compliant with the ADA because they offer inmates the third opioid addiction medication, naltrexone (also known as Vivitrol), which is not an opioid. But the Justice Department has asserted that institutions have the obligation to provide all three treatments, and that the decision of which treatment to use should be up to patients and their doctors, not jails or judges.
That means Social Security can consider the effects of prescription drugs on your ability to work in a way it cannot with other substances. Social Security will ignore any such limitations directly related to drinking or illicit drug use. If your medical record has evidence of a substance use disorder, only then can SSA officials consider its effect on your condition. Disability examiners, in consultation with medical experts, assess whether drug or alcohol dependency is, in Social Security parlance, “material” to determining if you are disabled. The most difficult, yet effective, method of proving that you’re disabled despite substance addiction or abuse is to establish a period of sobriety. If you have several months where you weren’t drinking or using, but you still experienced physical or mental symptoms from your underlying condition, that’s a strong indicator that DAA isn’t a material issue in your case.
The severity and impact of the addiction on an individual’s ability to work and function in daily life play a crucial role in determining disability eligibility. It’s important to understand the criteria for disability under the ADA and SSA and the various treatment options available. By addressing both the physical and psychological aspects of addiction, people with disabilities can overcome their struggles and live healthier lives.