Can You Get Disability If You've Used Alcohol Or Drugs?

If your condition would improve if you quit drinking or using drugs, you won't be able to get Social Security disability benefits or SSI.

Related Ads
Talk to a Disability Lawyer
Enter Your Zip Code to Connect with a Lawyer Serving Your Area
searchbox small

Sometimes the Social Security Administration (SSA) can use the fact that you drink or use drugs as a reason to deny your claim. In other cases, however, it is possible to get disability benefits even if you drink or use drugs. Whether or not the SSA can deny your claim on the basis of alcohol or drug use depends on the nature of the medical condition for which you're applying. 

Is Alcohol or Drug Use a Contributing Factor to the Impairment?

Whether your drug or alcohol use will affect a claimant's eligibility for disability benefits hinges on whether it contributes to your disabling medical condition. If a claimant's drug or alcohol abuse is deemed a material contributing factor to a medical impairment, that claimant will not win disability benefits. Materiality is determined by asking this question: Is the medical condition for which the claimant alleges disability exacerbated (made worse) -- or even caused -- by alcohol or drug use? If the answer is yes, the claimant's drug or alcohol use may be considered material to the alleged impairment, and the claimant may be found ineligible to receive disability benefits. This evaluation is called a drug and alcohol abuse (DAA) determination.

Will the Impairment Improve Without Alcohol or Drugs?

The SSA will ask the question, "If the applicant quits drinking or using drugs, will the applicant's medical condition improve?" To use an example, if a claimant has seizures, and the records indicate substance abuse, a claims examiner or judge (depending on the level the claim is at) will question what role is played by the claimant's use of substances. If an SSA medical consultant was of the opinion that a claimant's seizure condition would medically improve if the substance use or abuse came to an end, then the substance use or abuse would be labeled as material to the seizure condition. As a result, the claimant could not be awarded benefits on the basis of seizure disorder. If, however, the conclusion was made that the claimant's frequency of seizures would continue regardless of whether or not the alcohol or drug use was discontinued, such use would be considered immaterial---in other words, irrelevant.

What If the DAA Caused the Impairment?

It doesn't matter whether past alcohol or drug abuse caused the medical condition. Here's another example. A claimant applies for Social Security disability based on liver dysfunction and alcoholic hepatitis. The claimant has a history of alcohol abuse, some of it recent. Will the alcohol abuse harm the claimant's disability case? It depends on whether or not it is currently material or immaterial to his condition. It doesn't matter whether the alcohol abuse caused the liver damage in the first place.

What matters is whether the disabling condition would disappear if the claimant stopped drinking. If the claimant's liver damage is so pronounced that ceasing alcohol use completely would make no difference to the claimant's medical condition, then alcohol abuse would be considered immaterial, or irrelevant, to the case. If, however, ceasing the use of alcohol would result in medical improvement, alcohol abuse would be deemed material to the disability case, and the claim would be denied. 

It's Difficult for Applicants With Mental Conditions to Prove Immateriality

Claimants whose disabling conditions are psychiatric or emotional in nature (for example, depression or anxiety) will have a harder time proving that their alcohol or drug use is not a contributing factor to their mental impairment. Most psychologists and psychiatrists believe that even moderate alcohol use contributes to depression.

Claimants for Social Security disability who have a history of alcohol or drug abuse but who are not currently using substances should carefully review their medical records before they file for disability. Often, medical doctors and mental health professionals will indicate "suspected use" in their treatment notes, and these indications, proven or otherwise, can have a damaging effect on a disability claim. For more information, see our article on admitting alcohol or drug use.

Representative Payees

If you win your claim for disability but the SSA believes you are still abusing alcohol or drugs, the SSA will require that you have a representative payee and will refer you to a substance abuse treatment program. The SSA will send your disability check to the representative payee, who is in charge of doling out money to you and paying bills for you, and preventing you from spending money on your addiction. The representative payee can be a friend, family member, or orgaization. person that you trust such as a parent or it can be a qualified organization. Learn more about representative payees.

Learn whether you can get disability due to a past or present alcohol addiction or drug habit.

Updated by: , J.D.

Get Your Case Reviewed

Find a lawyer for a free case review.
HOW IT WORKS
how it works 1
Tell us about your case
how it works 2
Provide your contact information
how it works 1
Choose attorneys to contact you
LA-NOLO4:LDR.1.5.0.20140409.25642