What About Disability Applicants Living In Legalization States
Now, you might wonder whether legal marijuana use hurts your chances for getting disability benefits in one of these states:
- Alaska
- Vermont
- Washington, D.C.
The fact is, you do not have to pass a drug test in order to qualify for Social Security disability. Whether in states listed above or where medical marijuana is legal, it likely wont impact your claim. Worried that people addicted to marijuana in these states can now draw SSD benefits because theyre too lazy to work? A recent study found the SSA receives about 2.4 more disability claims for every 10,000 eligible adults in those states. About 576 more people applied for disability benefits the year after Colorado legalized recreational use than in the previous year. However, the number of average approved claims did not go up in those states once recreational use became legal.
Va Disability Eligibility And Requirements
A veteran may be considered eligible for drug addiction disability benefits or alcohol disability benefits if they have a condition that affects their mental or physical health. They must also meet both of the following requirements:
- They have served on active duty, active duty for training, or inactive duty training.
- They have been given a disability rating for their service-connected condition.
At least one of the following must also be true:
- They are able to connect their illness or injury to their time serving in the military.
- They had an illness or injury before serving in the military that was made worse due to active duty.
- They have a disability that was found to be related to their time in service but didnt appear until service was ceased.
Qualified dependents of veterans may also be eligible for disability benefits.7
Are you looking for an inpatient or outpatient rehabilitation center that is designed for veterans? Contact American Addiction Centers today at and discover whether your benefits will cover the full or partial extent of addiction treatment.
Methadone Patients Dont Feel Disabled But They Do Have A Protected Disability Under The Ada
June 18, 2018 by Alison Knopf
Patients in opioid treatment programs are protected under the Americans with Disabilities Act . This means that an employer cant refuse to hire them just because they are in treatment with methadone. It means that towns cant enact anti-OTP ordinances that make it impossible to site facilities. Do these things still happen? Yes, but the ADA protects against it.
Thats the legal reason for calling yourself a person with a disability if youre a methadone patient. But theres another reasona very powerful human one: many methadone patients dont see themselves as disabled and dont want to be labeled as such. In fact, they see themselves for what they are: proudly able and proud of their recovery.
I understand the sensitivity in approaching this, Mark W. Parrino, MPH, president of the American Association for the Treatment of Opioid Dependence , told AT Forum. Patients who are stable do not want to have the label disability attached to them. But, he said, its a matter of law for good reason, noting that the label protects patients against discrimination.
Mr. Parrino compared the use of the word disability to the use of client instead of patient. Some programs use the word client, believing that it is less stigmatizing than the word patient, he said. But he pointed out that the National Alliance for Medication Assisted Recovery prefers patient, because a patient has rights.
All About Perception
The Patients Perspective
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What If I Don’t Meet The Requirements Of A Listing
If you don’t meet the listing requirements for one of the above disability listings, it’s still possible to win your claim for disability if you have significant functional limitations . If you suffer from a physical illness, the SSA will assess your physical residual functional capacity to find out all of the work-related limitations that result from your impairments. The RFC should describe how much you can lift or carry, how far you can walk, how long you are able to sit and stand, and whether there are limits in your ability to reach, bend, or stoop.
If you suffer from mental impairments, the SSA will assess your mental RFC , which discusses your work-related limitations. For example, if you have difficulty focusing, following directions, being reliable, getting along with others, or relating to authority because of your mental condition, the MRFC will reflect this. The more limitations you can prove, the more likely the SSA is to approve your claim, so provide the SSA with as much medical evidence as possible to support your RFCs.
Talk To A Disability Lawyer
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Drug Abuse And The Bodys Neurological System
Alcohol and drug abuse can severely affect the neurological system of the body. Alcohol abuse can lead to Wernicke-Korsakoff disease, the result of thiamine deficiency that is common with alcoholism. This can result in confusion, memory and cognitive problems, problems walking, and paralysis of the nerves that control eye movement. Chronic alcohol abuse also causes peripheral neuropathy and myopathy, pain in the nerves and muscles. Many drugs of abuse can have serious and profound effects on the brain, from brain damage to strokes, and even coma.
Does Addiction Qualify For Disability Benefits In Canada
Addiction is a serious condition that can radically disrupt your life and impact the people around you. There are several stimuli that are known to cause addiction, ranging from illegal or prescription substance use to alcohol abuse. Continual experimentation with such stimuli can become compulsive to a dangerous degree.
Left unchecked, addiction can overtake your life. You may find it increasingly difficult to maintain relationships with people you once called friends or family. You may also find your day-to-day life difficult to manage. If your addiction is left to worsen, suicidal tendencies can become a real concern.
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What Is A Substance Use Disorder
Based on our new understanding of addiction, physicians now treat it as a disease. According to the DSM-5, a substance use disorder diagnosis involves:
- Taking a substance in larger amounts or for a longer period than intended
- Unsuccessful attempts to cut back or stop using the substance
- Significant time dedicated to getting, using, and recovering from the substance
- Cravings and urges to use
- Failing to meet your major work, school, and home obligations
- Continuing to use even when your substance use harms your relationships
- Giving up your hobbies, work activities, and social engagements because of substance use
- Using in situations that put you at risk of physical harm
- Using even when you realize it is harming your mental and physical health
- Increased tolerance to the substances effects
- Withdrawal symptoms
If you have two or three of these criteria, you have a mild substance use disorder. Six or more symptoms suggest that your substance use disorder is severe.
Unfortunately, its all too easy to develop a substance use disorder. Many people take opioid or narcotic medications while recovering from surgeries or dealing with chronic pain. Our bodies can quickly become dependent on these medications, leading to addiction.
According To The 2018 National Survey On Drug Use And Health 144 Million Of Adults In The United States Suffer From Alcohol Use Disorder Or Aud
Commonly referred to as alcoholism, AUD is a pattern of problematic drinking that affects a persons health and general well-being. People who have AUD have problems controlling their drinking, have a preoccupation with alcohol and continue to drink even when it places their health and safety at risk. A combination of genetic, psychological, social and environmental factors can impact how drinking affects a persons behavior, physical health and ability to work. Over time alcoholism can change normal functions of some areas of the brain affecting judgment and behavior. Some people may drink to restore good feelings or reduce negative ones.
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Is Disability For Drug Addiction Available
Drug addiction often has a debilitating impact on people who have been using it for an extended period of time. It is not uncommon for someone to lose their job, their housing, and relationships that might have otherwise helped support them. This leaves drug-addicted individuals without a safety net when drugs have taken over their lives.
Disability benefits include cash payments to help offset living expenses as well as health care coverage. Transition coverage is available to those who are able to recover and return to work.
Advice For Disability Applicants In Recovery For Drug Addiction Or Alcoholism
A Disability Determination Services doctor could determine your health issues result from substance abuse or alcoholism. An example of this might be cirrhosis of the liver, which is a medical condition commonly associated with alcoholism. For disability applicants in recovery, this can make getting approved for SSD benefits more difficult. Showing evidence of your sobriety in any medical records you submit along with your claim is absolutely crucial. This way, youll show you are no longer dependent on drugs or alcohol, despite still suffering some disabling symptoms.
That said, the SSA wont automatically deny your claim because you have a history of alcoholism or substance abuse. The key thing to know is that neither alcoholism nor drug addiction count as qualifying disabilities. And there are some conditions that result from alcohol or substance use that the SSA wont hold against you. These include things like fetal alcohol syndrome, fetal cocaine exposure and addiction to prescription medications taken exactly as your doctor prescribes.
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Medication To Treat Substance Use Disorders
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.
Scenario: Tom is receiving medication to treat his substance use disorder. He appeared in family court and requested that he begin to see his children on the weekend. The judge responded to his request saying, Youll see your children when you get off Suboxone.
Is Tom protected under Title II of the ADA? Yes, he has a history of addiction. Those who receive medication to treat opioid use disorders usually have a history of addiction to controlled substances. Family court is regarding the use of Suboxone as though it is an illegal drug. Suboxone is a legally prescribed medication to help Tom function just like insulin is prescribed for the health and function of a person with diabetes. Toms use of Suboxone cannot, by itself, justify a refusal to let Tom see his children on the weekend.
What if the court found out that he recently used cocaine while receiving medication to treat opioid use disorder? Would he have protections under the ADA? No, Title II does not protect individuals who are currently engaging in the illegal use of drugs.
Scenario: Alex had a double hip replacement and needs to go into a private rehabilitation facility for physical therapy for a month. When the rehabilitation facility finds out he is being prescribed methadone, they refuse to accept him as a patient.
Alcoholism Is A Serious Medical Condition Which Impacts An Individuals Employment As Well As Their Personal Life
If you are unable to work because of the effects of alcoholism, whether or not you are eligible for Social Security Disability benefits is a difficult question to answer. An attorney experienced in Social Security Disability can help you evaluate your case and your chances for approval.
In order to qualify for Social Security Disability, you will need to satisfy a few specific requirements in two categories as determined by the Social Security Administration.
The first category is the Work Requirements which has two tests.
The second category is the Medical Eligibility Requirement.
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Talk To A Social Security Disability Lawyer Today
There is a number of other ways you may qualify for SSDI in Boston due to substance abuse. If your body was compromised in anyway because of alcohol or drug addiction, it is important that you talk to a Massachusetts Social Security disability lawyer before filing your application for SSDI in Boston. Call us today to get started at 888-904-6847 or 508-283-5500.
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If Drug Abuse Has Caused Serious Physical Damage You May Be Able To Get Disability Benefits From Social Security
By Bethany K. Laurence, Attorney
You can’t receive Social Security disability benefits based on drug addiction even if your dependence on drugs makes it impossible for you to work. So if drug addiction is your only impairment, you don’t qualify for disability benefits. And in fact, if you are addicted to and taking drugs, it can prevent you from getting disability benefits for other impairments as well.
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Alcohol/drug Use And Cancer
Excessive alcohol use can cause cancers in many places, such as the mouth, esophagus, breast and digestive system.
There are many other complications from alcohol and drug abuse, from diabetes to even orthopedic problems caused by intoxication. Infectious diseases, such as HIV or Hepatitis C may be the result of intravenous drug use, and veterans with drug problems have gotten these disabilities service-connected in the past.
It is important for the VA to recognize that alcohol and substance abuse are NOT moral problems in those with mental illness, but are as much a part of the disease process as any other symptom. It is even more important for veterans with substance abuse problems to receive the treatment and care that they need and deserve.
Am I Eligible For Benefits If I Still Use Drugs And Alcohol
If you have a current, ongoing substance abuse problem, the Social Security Administration will likely issue your SSD payments to a representative payee. Your representative payee, may be a friend, family member or a qualified organization. The representative payee will then be responsible for managing your checks. This ensures you do not spend the funds on drugs or alcohol.
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What Is An Opioid
The term opioid describes a class of drugs that bind to the bodys opioid receptors. Morphine and other opioids are frequently prescribed for pain.
Opioids can also offer a feeling of euphoria, leading to the continued use and eventual mis-use of prescriptions. This is how many people become addicted in a short period of time.
Prescription opioid addiction is a particularly difficult situation, because the patient is frequently in a certain degree of pain. As with any addictive drug, the patient may find themselves increasing the amount of medication to get the same degree of relief from the drug. Eventually, they cant stop taking the drug, because they may experience severe withdrawal symptoms as well as the return of physical pain. In some cases, patients may turn to more illegal forms of opioid like heroin if they are unable to acquire additional prescriptions.
How Do You Help A Gambling Addict
Treatment for compulsive gambling may include these approaches:Therapy. Behavior therapy or cognitive behavioral therapy may be beneficial. Medications. Antidepressants and mood stabilizers may help problems that often go along with compulsive gambling such as depression, OCD or ADHD. Self-help groups.Oct 22, 2016
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Since Alcohol Use Disorder Is Not Considered An Impairment An Applicant Would Not Qualify For Ssdi With Alcoholism Alone
However, an applicant may be eligible if they have physical or mental limitations that were caused by the use of alcohol and those limitations impede their ability to function in a work situation. If an applicants medical condition matches the criteria of an impairment listing, and if applicant would still have the same functional limitations if they stopped drinking, the applicant would be considered disabled.
As With Any Other Medical Disorder Its Essential To Provide Complete Records Documenting All Your Medical Conditions Including Physical Exam Notes Laboratory Results Psychological Evaluation Reports And Records Of Hospitalizations
Because alcoholism is not considered a disability by itself, Social Security will evaluate how associated impairments limit your ability to work. For example, if you have liver disease, you may experience severe abdominal pain, fatigue and shortness of breath. Social Security will conduct a residual functional capacity assessment to evaluate your ability to perform routine movement and necessary physical activity in a work environment. Social Security uses the RFC assessment to determine what jobs an applicant can still do, if any. If there is some type of work you can still perform, your claim will be denied, but if Social Security finds there is no job you can do, you may be awarded benefits under a medical-vocational allowance.
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