I have heard from my clients so many times, over the years, that they believe only drug addicts and alcoholics are able to win their Social Security Disability benefits. This is the exact opposite of the truth. It is true that some people with drug and alcohol addiction are able to win, and that some people that win their disability benefits engage in heavy drug and alcohol use after winning (unfortunately). But drug and alcohol abuse are probably the most detrimental factors, by far, to winning one of these cases. In the distant past, drug and alcohol abuse were actually considered a medical condition that could help you get your disability benefits. That law changed quite some time ago. Now, any sign that a person is abusing drugs (either street or prescription) or alcohol will often be the death of the case. A judge can easily find this information in your medical records, and lying about it just makes things worse. This is because the credibility of the person seeking disability benefits is factored into the judge's decision. By law, the judge has to look at the effects that the drug and alcohol abuse have on the functioning of the disability claimant, and determine whether or not he or she would be disabled without the drugs or alcohol. If not, the claim is denied. And, believe me, the judge is almost always going to deny the case if the evidence of abuse is significant.

But there is hope for people who have suffered from drug and/or alcohol abuse, but are currently sober or on their way to recovery. The longer that you have been sober, the less likely it is that drug or alcohol abuse will hurt your case. Being sober at least 2 years prior to your hearing with a judge is crucial. Proof of sobriety...such as clean blood or urine tests, and admission into drug and alcohol treatment programs...is important. Even notes from a psychiatrist or mental health counselor about your sobriety are helpful. So, before considering applying for your disability benefits, please keep these factors in mind!!

Drug and Alcohol Abuse in Social Security Disability Claims

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