Drug and alcohol addiction has always been somewhat of a tricky gray area where Social Security Disability benefits are concerned. SSA guidelines existed, but they were in several different places and the ruling hadn’t been updated in almost two decades. Rather than following an official SSA ruling, representatives have been relying on what was supposed to be a temporary “Emergency Message” released 16 years ago!
Well, no longer. As of March 22, 2013, the SSA started using a new ruling that describes how drug and alcohol addiction cases should be evaluated. What’s this going to mean for your case? Read on.
What’s needed for a determination is explained. Before the SSA will even agree to make a disability determination, you need an “acceptable medical source” to submit evidence proving you have a substance abuse problem and the SSA also has to find you disabled under their definition.
What constitutes “materiality.” The goal’s always to show that there are other problems beyond the drug addiction and that the DAA is immaterial. Why? Because if a claimant’s only issue is that they have a drug problem, their claim will be denied. Most of the time, having some other issue isn’t a problem, because drug addiction goes hand in hand with mental and physical disabilities. However, you have to prove that simply removing the addictive substances wouldn’t solve the problem.
You Need a Social Security Disability Attorney
Feeling overwhelmed by all the information? You’re not alone. That’s why we update this blog every week and wrote a free disability eBook that provides an in-depth look into the SSDI application and appeals process. If you want to give yourself the best chance at a positive outcome, you need to arm yourself with knowledge and work with an experienced Social Security disability lawyer.
For a free legal consultation, call 800-562-9830
How Social Security Ruling 13-2p Impacts DAA Cases
The first thing to know is that this new ruling’s long and complicated. It includes a lot of the same things that were in the “Emergency Message,” but for some reason rewords many provisions and also adds information. Here are the highlights:
DAA is defined. In order for someone to have a qualifying drug addiction, they have to meet the definition described in the DSM and have a “medically determinable impairment.” What doesn’t count? Fetal alcohol syndrome, nicotine disorders, prescription addictions (as long as you’re following directions), and cocaine exposure.
What’s needed for a determination is explained. Before the SSA will even agree to make a disability determination, you need an “acceptable medical source” to submit evidence proving you have a substance abuse problem and the SSA also has to find you disabled under their definition.
What constitutes “materiality.” The goal’s always to show that there are other problems beyond the drug addiction and that the DAA is immaterial. Why? Because if a claimant’s only issue is that they have a drug problem, their claim will be denied. Most of the time, having some other issue isn’t a problem, because drug addiction goes hand in hand with mental and physical disabilities. However, you have to prove that simply removing the addictive substances wouldn’t solve the problem.
You Need a Social Security Disability Attorney
Feeling overwhelmed by all the information? You’re not alone. That’s why we update this blog every week and wrote a free disability eBook that provides an in-depth look into the SSDI application and appeals process. If you want to give yourself the best chance at a positive outcome, you need to arm yourself with knowledge and work with an experienced Social Security disability lawyer.
Call or text 800-562-9830 or complete a Free Case Evaluation form
