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Alcohol use disorder is not considered an impairment by the SSA so an applicant would not qualify for SSDI with alcoholism alone. An experienced disability attorney can help you evaluate your case and your chances for approval. Call 512-454-4000
Alcohol use disorder is not considered an impairment by the SSA so an applicant would not qualify for SSDI with alcoholism alone. However, an applicant may be eligible if they have limitations that were caused by the use of alcohol and those limitations impede their ability to function in a work situation.
According to the 2018 National Survey on Drug Use and Health (NSDUH), 14.4 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 person’s 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 person’s 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.
Alcohol use disorder can be mild, moderate or severe, based on the number of symptoms an individual experiences.
Signs and symptoms of alcohol use disorder include:
Strong craving for alcohol
Spending a lot of time either drinking or recovering from alcohol use
Inability to limit the amount of alcohol you drink
Not fulfilling responsibilities at work, home or school because of repetitive drinking
Developing a tolerance for alcohol
Drinking in situations when it’s not safe, such as driving
Withdrawal symptoms when not drinking, such as nausea, sweating and shaking
Continuing to drink even when you are aware it’s causing physical, mental or social problems
Contact a Social Security disability attorney at 512-454-4000 for a free consultation and see if you can get disability benefits while suffering from Alcohol Abuse Disorder. If you have been denied disability don’t give up!
Drinking too much alcohol over time or even on a single occasion can lead to serious health problems, including:
Liver disease.
Heart problems
Diabetes complications
Digestive problems
Brain damage an neurological problems
Bone damage.
Increased risk of cancer.
Weakened immune system.
Eye problems.
Birth defects.
Sexual function and menstruation problems.
Adverse reactions to medications.
Is a person with alcohol use disorder disabled?
Under the Americans with Disabilities Act (ADA) a person is considered disabled if the individual is an alcoholic or a recovering alcoholic.
Consequently, they may be entitled to accommodation in the workplace if they are qualified to perform the essential functions of a job. The Social Security Administration, however, does not automatically consider alcohol use disorder a disability and it is not listed as a disabling medical condition in Social Security’s Blue Book.
Is a person with alcohol use disorder eligible for Social Security Disability Income?
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 applicant’s 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.
How does Social Security evaluate disability when alcoholism is a contributing factor?
First Social Security will examine the medical evidence of alcoholism and decide if alcoholism is a contributing factor to the determination of disability.
The most important element in this evaluation is whether or not Social Security would find the applicant disabled if they stopped using alcohol. Social Security will evaluate the applicant’s current physical and mental limitations to determine limitations the applicant would still experience if they no longer used alcohol. “If we determine that your remaining limitations would not be disabling, we will find that your drug addiction or alcoholism is a contributing factor material to the determination of disability. If we determine that your remaining limitations are disabling, you are disabled independent of your drug addiction or alcoholism and we will find that your drug addiction or alcoholism is not a contributing factor material to the determination of disability.” This means that if your limitations are 1) caused by alcoholism and are considered reversible and 2) you don’t have any other functional limitations that would qualify for disability benefits, you would not be considered disabled and your application would be denied. To be considered disabled by Social Security, you must prove that you experience limitations even if you are not longer using alcohol.
How can I be approved for SSDI with alcoholism?
It cannot be emphasized enough that if you are still drinking and the Social Security Administration believes that if you stopped drinking your medical condition would improve to the point where you would be able to work, you will not be considered disabled and Social Security will deny your claim.
The best possibility for approval is if you can link your medical condition to the requirements of a listed impairment; many of the diseases and disorders caused by excessive alcohol consumption are covered, but you must be able to prove that you experience the same limitations even without alcohol use.
Alcohol use has many damaging effects and can be related to several medical conditions that are termed disabling by Social Security:
Liver Disease, such as cirrhosis
Neurocognitive Disorders. Applicant must show a cognitive deficit such as memory loss, difficulties with language or a decrease in coordination.
Peripheral Neuropathies.
Depressive Syndrome
Anxiety Disorders
Pancreatitis
Gastritis
Seizures
As with any other medical disorder, it’s 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 (liver disease, etc.) 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 (RFC) 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.”
Alcoholism is a serious medical condition which impacts an individual’s 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.
If you are 55 or older or have another medical condition you may get approval.
Social Security follows a set of rules to determine when the agency expects an applicant to learn a new job.
Applicants who are 55 or older often fall under a grid rule, which means they are not expected to learn a new job. For example, a 55-year-old applicant with no transferable skills might be found disabled. If you can’t go back to your old job, and you don’t have the skills to learn a new one, Social Security will likely grant you disability benefits.
You may also be eligible for Social Security Disability benefits if you have another medical condition; for example, diabetes or high blood pressure.
One disorder by itself may not match the requirements of an impairment as stated in Social Security’s Blue Book, but if you have more than one medical condition, Social Security must consider how those health issues combined limit your ability to hold a job and perform necessary daily tasks.
Social Security also has basic financial requirements.
Before you are eligible for Social Security disability benefits, you must satisfy some basic financial requirements.
You must: 1) have a disability that has lasted or is expected to last 12 months; and 2) you must have worked in a job where you paid Social Security taxes long enough and recently enough; and 3) you must not earn more than Substantial Gainful Activity (SGA), which is $1,470 per month in 2023 for nonblind applicants and $2,460 per month for blind applicants.
What if I don’t qualify for SSDI?
If you haven’t worked long enough to earn enough work credits, or if you earn too much income, you may be eligible for disability benefits through another Social Security program, such as Supplemental Security Income (SSI), or from a long-term disability insurance plan through your employer or a privately purchased policy.
SSI is a program that pays monthly benefits to people with limited income and resources who are disabled, blind, or age 65 or older. SSI is based on income instead of work credits, and is financed by general funds of the U.S. Treasury.
I have long-term disability insurance – should I file a claim?
Yes, you should file a claim as soon as you become disabled.
Long-term disability insurance (LTD) is coverage that protects your income if you are unable to work due to illness or injury and is purchased as part of a group employment plan or privately through an insurance company. Policies pay between 50-60% of your salary and benefits continue until you return to work or for the number of years stated in the policy. However, LTD coverage is good only as long as you are employed, so do not quit your job before you file a claim, and be sure to check your policy’s definition of “disabled” as each policy will state the definition of “disabled” which is in use. Additionally, be aware that long-term disability insurance companies can require a claimant to also apply for SSDI.
How do I file for Social Security Disability benefits?
You can apply for Social Security Disability benefits online, over the phone, or in person at your local Social Security Administration office.
If your initial application is denied, don’t be discouraged. Approximately 65% of initial applications are denied, but you will have the opportunity to appeal.
There are four steps to the Social Security appeal process:
File a Request for Reconsideration with the Social Security Administration to completely review the case.
If you don’t agree with SSA’s response to your Request for Reconsideration, you can request a hearing before an Administrative Law Judge (ALJ). ALJs are attorneys who work for the Social Security Administration; they review SSDI and SSI cases and either uphold or overturn decisions to deny SSDI or SSI benefits. If you are not represented by an attorney at this point, now is the time to obtain legal counsel. This is a critical point in the process and will raise your chance for success.
If an ALJ does not grant your claim, you can request that the Appeals Council review your case.
Federal Court review. The final step in the appeal process is filing suit in U.S. District Court.
Do I need a disability attorney for SSDI or SSI?
Qualifying for Social Security Disability benefits is problematic because the requirements of Social Security’s impairment listing are very difficult to decipher.
Your chances for approval are increased significantly if you have an experienced disability attorney who can gather your necessary medical evidence and even write a brief explaining why you qualify. At each potential stage of the process, from the initial application stage, the reconsideration stage and the ALJ hearing stage, an attorney can assist you in completing the detailed forms and questionnaires required by Social Security, collecting and submitting relevant medical evidence, and preparing questionnaires for your doctors. At the ALJ hearing phase an attorney will not only continue to assure that the evidence is complete, but prepare you for questioning by the ALJ, prepare an argument on your behalf and question any doctors or vocational experts selected by the ALJ to testify at the hearing. At the Appeals Council and federal court level, a lawyer can present legal arguments to show your case was wrongfully denied. Fees charged by disability attorneys are regulated by federal law and are usually 25% of disability backpay you are owed. There are no out-of-pocket costs, and if you don’t win your case, you won’t be charged anything.
Do I need a disability attorney for a long-term disability insurance claim?
Whether you have a long-term disability insurance policy purchased through a private insurance broker or a group policy purchased with your employer, filing a claim for long-term insurance is a complex process.
The wording of LTD policies can be confusing and the laws and regulations which affect the two types of LTD insurance differ in their procedures for filing claims and appeals. An experienced LTD attorney with thorough knowledge of ERISA laws and regulations will avoid mistakes and increase your chance of success. An attorney will act on your behalf, completing your application and filing your claim in a timely manner. They can also negotiate a settlement or file an appeal for you. If it becomes necessary to file suit, an LTD attorney can prepare your case against an insurer. Most LTD attorneys handle cases on a contingency basis and charge approximately 25%-40% of a claimant’s past due benefits. You do not pay an attorney’s fee unless the attorney wins your case.
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Disability benefits are an important source of income for those who are unable to work. If you are not able to work due to accident or illness, you may be eligible for Social Security Disability or Long Term Disability benefits. If you have applied for benefits and been denied, contact the attorneys at Bemis, Roach and Reed for a free consultation. Call 512-454-4000 and get help NOW.