Close-up of pouring whiskey or rum on the bar, dark toned background
By Michelle Shvarts
Principal Attorney

At Disability Advocates Group Florida, we often encounter questions about eligibility for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits related to substance use disorders. The landscape of disability benefits for alcoholism and drug addiction has changed significantly over the years, and it’s crucial to understand the current regulations and how they might affect your claim.

Historical Context About Drug Addiction and SSDI/SSI Benefits

Prior to 1996, individuals could qualify for disability benefits based solely on a diagnosis of alcoholism or drug addiction. However, this changed with the passage of the Contract with America Advancement Act. This legislation removed alcohol and drug addiction from the list of qualifying conditions for Social Security disability benefits.

Current Regulations

Today, the Social Security Administration (SSA) does not consider alcoholism or drug addiction as disabilities in and of themselves. This means you cannot receive SSDI or SSI benefits based solely on a substance use disorder diagnosis. However, this doesn’t necessarily mean that individuals struggling with these issues are automatically disqualified from receiving benefits.

The Key Factor: Material Contribution

The SSA uses what’s known as the “material contribution” test when evaluating disability claims involving substance use. Here’s how it works:

1. The SSA first determines if you have a medical condition that meets the criteria for disability, regardless of any substance use.

2. If you do have a qualifying condition, the SSA then considers whether your substance use is a material contributing factor to your disability.

3. If the SSA determines that you would still be disabled even if you stopped using alcohol or drugs, then your substance use is not considered material, and you may qualify for benefits.

4. However, if the SSA concludes that your disability would improve to the point of non-disability if you stopped using substances, then your claim will likely be denied.

Qualifying Conditions for SSDI or SSI Related to Substance Use

While substance use disorders themselves don’t qualify, many related medical conditions might. These can include:

– Liver disease

– Heart conditions

– Neurological disorders

– Mental health issues like depression or anxiety

– Chronic pancreatitis

If these conditions are severe enough to prevent you from working, regardless of your ongoing substance use, you may be eligible for benefits.

The Importance of Medical Evidence

When applying for disability benefits with a history of substance use, comprehensive medical documentation is crucial. This should include:

– Detailed treatment records

– Medical imaging results

– Laboratory test results

– Statements from treating physicians

These records should clearly demonstrate the severity of your medical conditions and how they impact your ability to work, independent of any substance use.

Ongoing Treatment and Recovery

While not strictly required, demonstrating a commitment to treatment and recovery can strengthen your case. This might include:

– Participation in rehabilitation programs

– Regular attendance at support group meetings

– Compliance with prescribed medications and therapies

Such evidence can help show that your disability persists even when you’re actively addressing your substance use issues.

The Complexity of SSDI or SSI Cases Involving Substance Abuse

Claims involving substance use disorders are often complex and require careful preparation. The SSA’s evaluation process can be nuanced, and the outcome often depends on the specific details of each case. This is why having experienced legal representation can be particularly valuable.

How Disability Advocates Group Florida Florida Can Help

At Disability Advocates Group Florida, we’re committed to helping Florida residents navigate the complex process of securing disability benefits. We encourage you to reach out for a confidential consultation to discuss your specific situation and explore your options for pursuing the support you need.

Remember, having a history of substance use doesn’t automatically disqualify you from receiving disability benefits. With the right approach and representation, it’s possible to secure the financial support you need to focus on your health and recovery.

About the Author
Ms. Shvarts and the rest of the team at Disability Advocates Group Florida are dedicated to assisting individuals in Florida obtain Social Security Disability Benefits (SSDI) and Supplemental Security Income (SSI) benefits. After several years of civil litigation, Ms. Shvarts decided to shift to a more personal type of law practice to help individuals who were struggling in their daily lives.