What’s the Connection Between Disability and Addiction?

Moreover, addiction is a treatable condition, and seeking treatment can improve your quality of life. It accounts for 17% to 38% of the relationship between disability and various forms of substance use. The most difficult, yet effective, method of proving that you’re disabled despite substance addiction or abuse is to establish a period of sobriety.

The ADA applies to all state and local government departments and agencies of those governments (“public entities”). Examples include the criminal justice system (jails, prisons, probation, and the courts) and State and local government-operated recovery homes. The ADA requires that all programs, services, and activities are accessible to and usable by people with disabilities. The ADA also requires that when a person with a disability asks for a modification of policies or the way the program operates, that modification must be considered.

For example, say you have greatly reduced liver function from advanced cirrhosis despite years of sobriety. Therefore, your history of alcoholism wouldn’t be material in determining disability. On the other hand, if your doctor tells you that your liver enzyme and protein levels would addiction intervention in chicago banyan illinois return to normal if you stopped drinking, the agency is very likely to conclude that DAA is material to your claim. Materiality evaluations are technically a six-step process, but can be boiled down to two fundamental questions about the nature of your addiction or alcoholism.

When Is Drug Addiction Material to Your Disability?

Unfortunately, people with disabilities may also be less likely to receive appropriate treatment for their addiction. Showing that disabling symptoms aren’t affected by substance abuse is easier for some conditions than others. For example, if severe degenerative disc disease reduces your range of motion to the point that you can’t lift anything heavier than five pounds, the agency will probably conclude that your limitations would be the same whether or not DAA was involved. However, the Social Security Administration (SSA) can reject a benefit claim if it determines that drug or alcohol use causes or contributes to the physical or functional limitations that render you disabled — unable to work for a year or more. If you win your claim for disability but the SSA believes you’re still struggling with substance abuse, the agency might require that you have a representative payee. Back due benefits and ongoing monthly payments will be sent to your representative, who is expected to manage the money on your behalf.

1. Prior to 1997, that included applicants who were unable to work solely on the basis of drug addiction, alcoholism, or both.
2. It’s important to consult with a legal professional or contact the relevant disability benefits agency for the most accurate and up-to-date information.
3. If you win your claim for disability but the SSA believes you’re still struggling with substance abuse, the agency might require that you have a representative payee.
4. A person who is currently engaging in the illegal use of drugs can’t be denied healthcare or rehabilitation services because of their current use if they would otherwise qualify for these services.
5. In this section, we will explore the status of drug addiction as a disability and the legal considerations surrounding disability benefits for individuals struggling with drug addiction.
6. It’s important to consult with healthcare professionals, addiction specialists, and legal experts to ensure a comprehensive approach to seeking treatment and support.

Generally, this means that a doctor has diagnosed you with substance abuse disorder, but a claims examiner might find evidence elsewhere in the medical records (such as clinic notes or hospital intake forms). Many Social Security disability applicants have wrestled with drug or alcohol abuse at one time or another, whether for prescribed medications or illicit (“street”) substances. When seeking support for drug addiction, there are various options available beyond disability benefits.

How to Stop an Addiction?

A person with a history of these impairments or those currently dealing with one may also be considered disabled under the ADA. This broad definition can encompass various conditions, from chronic physical illnesses to mental health disorders. But many mental disorders can be intertwined with substance use in a way that can make it hard to determine which symptoms, if any, would improve without DAA. For this reason, it’s important for people with a mental disorder to establish some period of sobriety so Social Security can get an idea of your mental health symptoms without interference from drugs or alcohol.

In the agency’s eyes, if you’re using your prescribed medication the way your doctor wants you to, you’re not abusing it, so DAA doesn’t come into play. In fact, the SSA takes into consideration any side effects you have from these potent painkillers alcohol and acute ischemic stroke onset when deciding whether you could work full-time. The Social Security Administration (SSA) considers you disabled if you have a “medically determinable” severe impairment that prevents you from working full-time for at least one year.

The ADA permits reasonable policies or procedures, including drug testing, designed to ensurethat individuals are not engaging in the illegal use of drugs. However, in most cases, anemployer cannot refuse to hire you, fire you, or take other negative actions because your drugtest shows you are taking MOUD or an opioid legally prescribed by your doctor for a validpurpose. It’s important to understand the criteria for disability under the ADA and SSA and the various treatment options available. By addressing both the physical and psychological aspects of addiction, people with disabilities can overcome their struggles and live healthier lives.

Another persuasive method is to get a doctor’s note from a physician or psychiatrist who’s seen you on a regular basis. A drug rehabilitation program asks a participant to leave because that participant routinelybreaks a rule prohibiting the use of illegal drugs addiction and termination while in the program. This is notdiscrimination under the ADA because the program can require participants to abstain fromillegal drugs while in the program. Copyright ©2024 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states.

When Is Medication Not Taken as Prescribed?

This page provides some basic information about OUD and the ADA’sprotections for people with OUD. You can learn more about this topicat The Americans with Disabilities Act and the Opioid Crisis. Individuals who believe they have been discriminated against under the ADA and would like tofile a complaint should file as soon as possible. For instance, there are specific filing deadlinesfor a charge of employment discrimination, either 180 days or 300 days from the date of the alleged discrimination, depending on the jurisdiction where the charge is filed. Individuals may file a complaint with the Department of Justice if they believe that a publicaccommodation or a state or local government is discriminating or has discriminated againstthem because of OUD. A jail does not allow incoming inmates to continue taking MOUD prescribed before theirdetention.

The contents of this factsheet were developed under grants from the National Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR grant numbers 90DP0087 and 90DP0086). NIDILRR is a Center within the Administration for Community Living (ACL), Department of Health and Human Services (HHS). The contents of this factsheet do not necessarily represent the policy of NIDILRR, ACL, HHS, and you should not assume endorsement by the Federal Government. At the time this factsheet was written, different court cases (Quinones v. Univ. of Puerto Rico and Salley v. Circuit City Stores, Inc.) defined “current use” as anywhere between five weeks to three months.

Recovery homes and half-way housing are examples of housing options that are covered under the ADA. Other housing, like half-way houses, serve people who are on probation, some of whom have addictions. Often staff of housing programs refuse to admit people who take medication prescribed to treat their substance use disorders, even if they are required to live there while on probation. If a person is prescribed medication to treat a substance use disorder, the ADA and/or the Fair Housing Act may require housing programs to admit the individual. The ADA also requires that state-funded housing provide “reasonable modifications” to individuals with disabilities, including those in recovery.

Learn more about what current illegal druguse means at The Americans with Disabilities Act and the Opioid Crisis. Individuals with OUD have a pattern of opioiduse that leads to significant issues, such as health problems and difficulty meeting major responsibilities at home, work, or school. OUD can involve the use of illegal opioids (for example, heroin) or prescription opioids (for example, oxycodone). Addiction can sometimes lead to physical disabilities due to health complications or accidents.

In this case, the illegal use of Gabapentin doesn’t mean that the jail can withhold the legal use of Suboxone unless there is a legitimate medical reason to do so. Yes, the recovery home discriminated against Sofia under the ADA because she wasn’t allowed to take her medication while participating in the treatment program. Sofia is considered a person with a disability because she has anxiety, depression, and addiction to alcohol, which are mental impairments that substantially limit Sofia’s major life activity of caring for herself. She must be allowed to participate in the recovery program while she continues to take the Gabapentin.

Prescriptions treated differently

However, if an individual has a disabling condition as a result of their drug addiction, they may be eligible for benefits. For example, if drug addiction has led to a severe mental health disorder or physical impairment that meets the SSA’s definition of disability, the individual may qualify for disability benefits. Yes, George is protected under the ADA because he can’t be denied health care that he would normally qualify for on the basis of his current use of illegal drugs. A public entity can’t deny health services, or services provided in connection with drug rehabilitation to an individual on the basis of that individual’s current illegal use of drugs, if the individual is otherwise entitled to such services. This exception is important, because people often go to jail with legal Suboxone in their system, but may also have additional drugs in their system that they are illegally using.

Drug use won’t be considered material if you’re applying for disability because of an unrelated condition, such as thyroid cancer or degenerative disc disease. Even with impairments that were caused by drug addiction, like hepatitis, substance use isn’t disqualifying if the disabling damage is already done. Engaging in rehabilitation programs, such as detoxification, counseling, and therapy, can provide the necessary evidence to support a disability claim. These programs focus on addressing the physical, psychological, and emotional aspects of addiction, helping individuals regain control of their lives.