Is Drug Addiction A Disability?
In the laws of the society and government, the issue of drug use or alcohol use is one that frequently arises. The issue is usually raised when a Social Security claimant or a veteran using drugs, alcohol or both at the same time try to pursue a disability claim. In both cases, records of drug and alcohol use are often important factors to consider in a disability claim.
Social Security Administration And Addiction
In the context of the Social Security policies, a person with a drug or alcohol problem almost always means denial of a disability claim. The law says that the SSA or the Social Security Administration shall carefully examine if the drug or alcohol use is a contributing factor to the disabling impairment. Hence, the SSA is determined to find out whether or not the disabled person will still be impaired if he or she stops using drugs or alcohol. If the SSA finds out that technically, drugs or alcohol is not or are not the underlying factors to his disability, then he or she would be awarded the benefits.
- Based on statistics, alcohol or drug abuse, including the abuse of prescription drugs will almost always result in the refusal of most judges to grant the Social Security Disability Benefits.
- If you find that there are errors in your medical record, you need to talk with your doctor to get your record corrected before you even get to the judge as it may negatively affect your Social Security case.
- If the allegations are found true, you may be denied the Social Security claim if you do not stop using drugs or alcohol right away.
US Veterans Review
Substance abuse, however, is viewed somewhat differently in the US Veterans Affairs. Unlike the SSS Disability claim, issues with drugs and or alcohol is not always a determining factor in the success of a VA Disability claim.
- Veterans Affairs will first evaluate whether or not the veteran has become disabled due to his own willful misconduct.
- If VA is able to determine that the disability is due to willful conduct, then the veteran will be denied compensation or pension for the disabilities related to misconduct.
- This does not mean though that the veteran will not be made eligible to claim compensation for disabilities not related to misconduct.
A common issue that arises in VA disability cases is when veterans with PTSD have drug and or alcohol issues. Research reveals that many veterans resort to the use of drugs and or alcohol as their coping mechanism for the psychological trauma they suffered. If the veteran can establish that his PTSD condition is connected to his military service and that the drug and alcohol abuse is caused by the PTSD, the VA regulations may allow for secondary service connection of this substance abuse disorder.
Under this theory, service condition may also extend to other conditions developed as a result of substance abuse, like cirrhosis of the liver. In other words, secondary drug and alcohol abuse taken in the context would not be taken as willful misconduct.
If the allegations concerning drugs and alcohol are truly false, the veteran of Social Security claimant in good faith must speak with his or her doctor as soon as he determines the falsehood of his record to get the records corrected. Also, if the person has a history of abuse, this past history needs to be clarified in the record as well. Get the help you need to get rid of your addiction. Rehab Near Me helps with articles and blog posts as well as our free to use directory of Detox and Rehab Centers In Your Area.