can you win your case if doc says you are alcoholic

[keithy02]

friend just rejected her claim her doctor wrote she was a alkie but lots other problems back legs white as a ghost looks dead what a good doc she had to put the alkie part should she start over or keep going thanks for her
smile keith:) :) :)

[GOLDEN DENNIS]

I am certainly no expert. But I believe that alcohol abuse would not shed a good light in the eyes of SS. In fact, I THINK that it may be grounds for disqualification, especially if it ties into the medical condition or can be perceived as tieing into it.

Dennis

[waggytalk]

This is what ticks me off about SSDI. A person with a BS claim such as Alcoholism has a good chance of getting it. And people that need it and should have it have to fight years and suffer denial after denial.

[ange11]

A person cannot be awarded benefits if alcohol or drug use is determined to be material to the decision. Alcoholism in itself can never be found to be an allowance. If it is found that the person would no longer be disabled if they stopped drinking, claim will be denied. This most often afffects cases where the person is alleging a mental impairment. Alcoholics can have disabling physical conditions like everyone else such as cancer, back injury etc. Since alcohol use is not material to the impairment, they can be awarded benefits for those condiitons.

[stormsun]

My brother during the 80's was getting ssi, because he was an alcholic and a drug user, but they changed it a long time ago and when they did they dropped him immediately.

[ange11]

My brother during the 80's was getting ssi, because he was an alcholic and a drug user, but they changed it a long time ago and when they did they dropped him immediately.

Yes, in the past a person could receive benefits due to alcohol and/or drug abuse. I don't recall the exact year that the law was changed, but it was quite a while ago. The law was changed mainly due to public out cry. Tax payers are understandable not too keen on having their tax $ given to people who will most likely use the money for alcohol/drugs.

[backless]

First,alcoholism is considered a disease,just like cancer.However,not classified as a disability for purposes of collecting ssdi.Years ago,under certain conditions an alcoholic could get SSI or SSDI with other ailments ,but not as easy today.To simply say a person is an alcoholic will not be suffice to become eligible for SSDI.Alcoholism in later phases could disable a person to the point that seazures,diabetes,cirrosis etc.might enable a person to collect SSDI.Mr. Dennis,your just pulling something from a hat.It would not disqualify someone,anymore than becoming a quadrapeligic because one decided to jump a river on a motorcycle.Alcoholics come from all walks of life,why they are alki's isn't mine or anyone elses business nor are we to judge.As long as a person meets the qualifications to become eligible for SSDI ,they will be awarded it.Waggytalk,your waggytalkin.As I said,and you should read under the guidelines.Alcoholism itself is not a sufficant qualification for SSDI.

[cferro514]

Keith,
I hope your friend can come to terms with her problem and get help.

[Linda25]

In any case, your friend should appeal the case ASAP based on her/his other physical problems - don't wait, or they will have to start from the very beginning.

YOur friend needs to get documentation of his/her other ailments, from as many doctors as possible - medical records mean a lot to the SS folks. Then once you get past the paperwork, they will have their OWN docs examine you and they will rely heavily on this evidence.

So in theory you could have one doctor saying "oh, she is just an alcoholic" but if other doctors recognize that there are other medical problems going on, AND THEY WRITE IT DOWN IN YOUR MEDICAL RECORDS that would be important evidence.

prayers to your friend

Linda

[Boopers]

I know a guy in our town that is a alcoholic and he applied for benefits and got them. He now has money to support his habit without having to bum money from his family and friends. Life isn't fair.:(
Linda

[waggytalk]

I know a guy in our town that is a alcoholic and he applied for benefits and got them. He now has money to support his habit without having to bum money from his family and friends. Life isn't fair.:(
Linda

I have heard many stories like this! even though as other said they are not sopposed to get it.

[steve3d]

The "guy in town" did not receive benefits because he is an alcoholic. He received benefits for whatever his other disabling impairment or impairments were inspite of being an alcoholic. As Ange11 has stated, it is illegal to receive benefits based on alcoholism or drug abuse. SSA does not regulate how people spend their money. Some people buy alcohol, others buy cigaretts, junk food or lottery tickets. It is really no one elses business if or why someone is disabled or how they spend their money. Stop listening to the rumor mills in town and just worry about yourself.

[gah]

I have both those terrible disease that I keep in check by working a program of recovery, on day at a time. Social Security does not care if you are an alcoholic or drug addict but you must be or should be in remission ( and prove it). My approval was based on many other issues outside the addiction though the addiction did come to the table. I clearly proved my current recovery path and that was it.

[FormerDE]

If the Social Security doctor/examiner or the ALJ makes a decision that drug or alcohol abuse are "material" in a finding on disability, then the case would be denied. "Material" means that SSA has determined that if it were not for the drug or alcohol abuse (i.e., if a person were to stop drug or alcohol use), SSA would normally find that person not medically disabled for either SSDI or SSI. In other words, a claim would be denied if it is the drug or alcohol abuse that is materially causing the disability. Drugs or alcohol abuse would NOT be material in a decision, if the SSA/DDS examiner or ALJ finds that the claimant would still be medically disabled even if the alcohol or drug use and their effect were not considered in the decision.

For example, a person who is statutorily blind would be considered disabled under SSA guidelines whether that person was abusing alcohol or drugs or not. Another example where drugs or alcohol (DAA) would NOT be considered material is when the disease process caused by alcohol or drug use is already so far advanced, that it would no longer matter whether the person stopping using or drinking. For example, a long history of drinking might have resulted in a permanent and severe organic brain syndrome that could no longer be cured or changed by the cessation of drinking. Such a case would be approved medically for benefits, because drugs or alcohol use are no longer "material." In other words, the cessation of drug or alcohol use would no longer affect the fact that there is now a fully disabling condition of organic brain syndrome.

Some of the rules relating to drug and alcohol abuse and findings of disability can be found in POMS DI 90070.050, for those who want to access the rules in the Program Operations Manuals (POMS) on the Social Security site:

www.socialsecurity.gov


FormerDE

[haven'tgotaclue]

FormerDE,

You are a great addition to this site. You make it so easy to understand. THANKS for being here.:D

[Annie B.]

But...As I person in daily recovery from this horrible, horrible and deadly disease and alcoholism IT a disease--The following is my opinion only...

Most of the comments here disturb me greatly, but in no way surprise me at all. Until one has walked in the shoes of a practicing alcoholic--not for a day or a month or a year. But for enough time to hit bottom after bottom after bottom--and every bottom has a trap door--please do not assume that you can talk about the alcoholic who still suffers as if you have any understanding at all about this insidious disease.

An alcoholic or drug addict does not get better through will power or by just "putting down" the drug or drink. In most cases, getting clean is far easier done than staying clean and without a program of recovery a person who has gotten clean will eventually relapse.

Finding sustained recovery is very often a FULL TIME job and many people need the assistance the SSDI can provide them to take the time from work to devote full time to getting and STAYING clean and sober. There is a huge difference between a DRY alcoholic and a SOBER recovering alcoholic and in many cases, a dry drunk is often better off drinking, and the drink will serve to calm the person down and stop the madness that the dry drunk experiences and showers upon others.

I know that this response if mine has most likely gotten off track and may be better suited for another thread, but it really gets on my last nerve at times to hear the suffering alcoholic spoken about in ways like this.

I wish to insult nobody here--just to maybe shed a different light on the opinions expressed by some of you and others who will no doubt respond to my words. Your words will not hurt me--I've heard them once before, and until I diagnosed myself as an alcoholic, I felt the same way--it's called denial, delusion, whatever name I choose to put on it. I finally got honest with myself and saw it for what it was--the disease of alcoholism. Here's the kicker that most of you will not like or agree with: Those of you in any kind of relationship with a practicing or recovering alcoholic are also sick (or unhealthy if that word is softer and easier to swallow.) Everybody in the system is sick. Think of a mobile with the alcoholic at the center. When any part of the mobile moves, the entire system is thrown off balance. Luckily, there is help for the friends and family of the alcoholic. But that is certainly another thread for another day.

Please, please, please, if you are still reading--think about what I've said. NOBODY--ABSOLUTELY NOBODY ever said as a child, "When I grow up, I want to be an alcoholic and sleep in a garbage dumpster and beg for money for food and booze." Alkies need help and sometimes that means SSDI or other things. We can get better. It's much easier without "know it alls" who know nothing at all telling us that we're weaklings who cannot control our urges through sheer willpower. We are not normal like the rest of you. We wish we were, but we aren't. We'll remember that when you develop heart disease. or diabetes, or cancer. We won't call you weak and say, "Just stop your heart disease, just stop your cancer from spreading, just stop your blood sugar from rising." "Go to work with your weak heart. Come on, you can work with your chemo and radiation. You can get to your job right after your foot's been amputated." We promise. We won't say that to you. We'll applaud when you receive your SSDI and get the help you need to continue to support yourselves and your families.

'Nuff said. Just my $.02.

xoxo,
Annie B.
Please excuse the typos. Too late to go over this.
BTW--I've got 2 Masters Degrees in Education and in Math. Taught school in one of America's finest school systems for 20 years until I had to leave to help ensure my new found sobriety. Now in adult education and raising a second family. Contributing to society by volunteering at the hospital that started me on my long path to sustained sobriety. After 4 years sober, still atten 7-10 AA meetings/week. Works for most. Doesn't for some. I have no opinion for what works for others. I just know what works for me.

[HeyJoe]

Very well expressed. As the son of an alcoholic, I have also lived it and concur with you. IN my opinion we have become a nation of self righteous finger pointers instead of problem solvers.

[BrokenBladder]

Yes that was very well expressed!! I'm the daughter of an alcoholic mother who is now deceased. I lived with my mother's DISEASE and she died, but not from alcohol. It was a heart condition that runs in my family. She was awarded disability and it was well deserved. I've learned the hard way that until you have walked in the other person's shoes it's impossible to pass judgement.

[keithy02]

Now Those Of You That Can Have Your Own Sick
Complication's Should Look Within They Say A Alkie Go's Thru Worst Withdrawl's Than A Heroin
Addict And The Government Sells It And We See It On Tv And Every Where I Feel For The Alkie As Much As I Feel For The Rest Of Us
:) :) :)
Keith

[Sammie]

I was not going to reply in this thread, but I think I need to...

Yes, I am aware that they have changed the "rules" so that alkies and druggies can no longer draw SSDI or SSI for this disease alone.

My ex-husband died a year and half ago at the age of 42 of cirroisis (sp?) of the liver due to his drinking...He was awarded SSI, for having seizures...He could have worked, but chose not to..He wanted to drink all day...Once he was awarded SSI, he took his check and our son's check and drank it away every single month....

I saw this man go down hill so quickly after getting benefits and having the money now to really drink....

With this said, I am in support of the SSA NOT awarding those who chose to drink or do drugs benefits...If your disease if because of your habit, you should not get benefits either...People made that choice, so you must live with that choice....

Yes, I am mad, and I am sorry for displaying that in my post....It's just beer took my son's father when he chose it over our son...

[Georg]

As an Alcoholic, in recovery, I have been awarded benefits because my condition was Not primarily based on my Alcoholism. The ALJ clearly stated that my alcoholism is in recovery, though I had a relapse during the waiting period for the hearing. Additionally, my fully favorable decision was not based and could not be based on my alcoholism. However, if you have a medical condition that is ongoing without the addition of alcohol, such as brain trauma, you can be consider as disabled.

[steve3d]

SAMMIE:
This is the reason why benefits are not given based on alcoholism/drug abuse. If you give money to a person with an alcohol or drug addiction, there is a high probability that they will use the money for their addiction. This is not helping them but enabling them. As indicated previously tax payers are not keen on having their money spent to enable peoples addictions. This doesn't mean that I don't have sympathy for people with this problem, because I do. But being given money by SSA or family and friends is not going to help them. I do think people who have conditions that will not change without the use of alcohol should be awarded benefits.

[backless]

I think the point has been made.Those of whom apply for ssdi for disability from alcoholism or drug addiction are denied>should they have a disability that meets the criteria,they may be approved.If the receipient decides to drink it away,its their choice. In Sammies case,it was wrong for the guy to drink the childs benefits away as well, however,the family must also be sure not to ENABLE the drunk or alki.That iswhy there are many programs for the VICTIMS of the addict/alki.To opine that the SSA should NOT give benifits to a person stricken with these problems is wrong.They met the medical criteria.The families need to take care of the home ,not the Govt.

[yoda]

FYI
the web address below will take you to ssa site that shows in 1996 the ssa changed the rules and now prohibits benefitsof
ssdi and ssi because of drug abuse or alcoholism.
there may be other info in other areas of the ssa site but this was one i recently found. highlight and paste to your browser it will be the last line page 24 of 33.

http://www.ssa.gov/history/pdf/crs9436.pdf

yoda