ALCOHOL - DRUG ABUSE & SOCIAL SECURITY DISABILITY

Posted by:  The Forsythe Firm, Social Security Disability Advocates

A question we often get is, "Will alcoholism qualify me for Social Security disability benefits?"

Or, "Will alcoholism disqualify me for Social Security disability benefits?"

The answer to both questions is, No.

A person may not qualify for Social Security disability merely on the basis of alcoholism or other substance abuse.  On the other hand, a person should not be disqualified merely on the basis of alcoholism or substance abuse.

The definitive legal ruling on that is found in 20 CFR §404.1535:  "The key factor we will examine in determining whether drug addiction or alcoholism is a contributing factor material to the determination of disability is whether we would still find you disabled if you stopped using drugs or alcohol."

So an individual cannot qualify for benefits on the basis of substance abuse, neither can he be denied benefits for substance abuse that does not materially contribute to his impairment.

Social Security disability representation with no fee unless back pay is recovered.  Call (256) 799-0297 for local Alabama representation.

 

 

Is Social Security Watching You on Face Book?

Earlier this year, the US Social Security Administration told US administrative law judges (ALJs) that they cannot use the internet to investigate disability claimants.  Senator Thomas Coburn (R-OK) responded by saying this ban removes a valuable tool to investigate fraudulent applications for disability benefits.

Sen. Coburn used this example, which I have paraphrased.  Suppose an ALJ looks up an applicant on Facebook.  There he finds pictures and discussion of the applicant playing sports or participating in his bowling league.  If the applicant has claimed severe back problems on his application, his credibility is suddenly called into question.

I caution my clients to stay off of Facebook and the social media and I believe that is still very good advice.  It remains probably the first place investigators look when trying to deny benefits (even disability claims with private insurance companies).

Use common sense but don't become paranoid.  For example, it's normally all right to take a trip or a vacation.  You don't need to stop going to church or out to dinner occasionally.  Social Security usually does not follow people around to see what they are doing (unless they have been reported for fraud by a nosy neighbor, relative or someone).

First and foremost, tell Social Security the truth.  If you don't qualify for disability benefits you should not falsify statements to make your application "stronger."  This seldom works, anyway, but it can cause a lot of problems.
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THE FORSYTHE FIRM

Huntsville, AL

(256) 799-0297