Using Drug or Alcohol Addiction to get Additional Disability Benefits

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Social Security does consider a drug or alcohol addiction to be a disability for the purposes of extending benefits to a person suffering with that disability.  Mental disorders or substance addiction disorders are disabilities where behavioral changes or physical changes associated with the regular use of pharmaceutical substances adversely affect the central nervous system.

Level of Severity Required to Equate Recognizable Disability

The required level of drug or alcohol addiction related mental disability severity is met when the requirements in any of the following medical conditions are evidenced by medical records and other documentation.

  • Organic mental disorders
  • Depressive syndrome
  • Anxiety disorders
  • Personality disorders
  • Peripheral neuropathies
  • Liver damage
  • Gastritis
  • Pancreatitis
  • Seizures

Each one of the above medical conditions will have specific elements that must be supported by the appropriate medical evidence and documentation for the purposes of determining the existence of a listed mental disorder disability based on the adverse health effects of that medical condition arising due to a mental disorder or impairment.  So the applicant has to provide documentation of (1) the drug or alcohol addiction disability and (2) medical evidence of the resulting adverse medical condition, or multiple conditions, resulting due to the addiction based mental disability.

Functional Limitations Imposed by Mental Disability

Social Security evaluates the severity of a mental disability according to the functional limitations imposed by a medically determinable mental impairment(s).  They measure and assess documentation detailing any functional limitations imposed by a mental disability in daily living such as social functioning, concentration, persistence or pace and episode of decompensation.  Establishment of the existence of a medically determinable mental impairment will require medical evidence detailing symptoms, signs, laboratory findings and psychological testing findings.  "Psychiatric signs" include medically demonstrable phenomena indicating specific psychological abnormalities in mood, thought, memory, orientation, development or perception as described and measured by an appropriate mental healthcare provider.

Getting Legal Help

If you or a member of your family has a drug or alcohol addiction disability and is hoping to access benefits through the Social Security administration or the Supplemental Security Income program it may be helpful to contact a disability attorney to discuss the addiction disability levels of severity and the all of the options that might be available to him through the Social Security disability programs.  The application process can be confusing and complicated and will include provision of extensive medical documentation which an attorney could be very helpful in properly providing.

This article is provided for informational purposes only. If you need legal advice or representation,
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