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Is it true that you can apply for SS Disability after 3 rounds of rehab for addiction?

One of my clients was bragging to another that he would be eligible if he went through another stay. (Texas, Florida, Vermont, California)

Update:

Johnny, I hear people every day BRAGGING that they fooled the SS Admin.

Folks, I am aware that lots of people get it that don't deserve it. I also know that you can apply even if you have no expectation of receiving. However, apparently in certain states, this is allowed as a disability. So, anyone with some solid info, please help me out; I am trying to push vocational rehab here!!!

7 Answers

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  • Judith
    Lv 7
    9 years ago
    Favorite Answer

    Anyone can file for disabilty as long as they aren't working and earning $1010 a month although many people who are working and earning at least $1010 a month still file but their claims are denied because they are gainfully employed. However, NO ONE is entitled to benefits solely because they are drug addicts or alcoholics unless it has destroyed their liver, kidneys, brain, etc. A law was passed decades ago prohibiting the entitlement to disability benefits on the basis of drug addiction or alcoholism alone. If someone who is a drug addict or alcoholic is receiving disability benefits it is because they are disabled for other reasons which do meet the requirements for entitlement.

    When Congress passed that law social security was paying benefits to people because they were drug or alcohol abusers. A medical review was done on each and every one of them and the vast majority had their benefits terminated. Those whose benefits continued had other disabling conditions permitting continuation of benefits.

    Social Security and SSI disability are federal benefits - the state someone lives in or receives treatment in is immaterial. Because Social Security Administration is a federal agency the rules and regulations are the same nationwide.

    Source(s): I was a social security claims rep for 32 years.
  • 9 years ago

    Ouch, Johnny I wish I didn't read that. I feel for the poor deer all the time. But, you do realize that not everyone has a physical disability? I think anyone killing an innocent animal and dragging it, has some mental issue anyway. Yet, like you mention there are people who abuse the system.

    Anyone can apply. ANYONE. But that doesn't mean approved. They are cracking down on things like addictions on disability. So, no, you can't expect any benefits just because you are an addict in rehab.

    EDIT-

    I do not think the State would matter. This is because SSDI is a federal thing, not a sate thing. They have the same basic rules to follow. But YES vocational rehab would be ideal. You do not even have to be on disability to try for that.

  • 5 years ago

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  • 9 years ago

    I could swear that I read somewhere that abuse of any drug and/or alcoholism could actually exclude you from being awarded SSI/SSDI

    and I am going to email my atty and ask him the answer

    in the meantime, here is what I have found:

    http://ps.psychiatryonline.org/article.aspx?articl...

    http://www.socialsecurity.gov/OP_Home/rulings/di/0...

    http://socialsecurity.findlaw.com/social-security-...

    http://www.disabilitysecrets.com/social-security-d...

    From everything I am reading in those links.... if it is determined that the person would/could be functional if they stopped abusing/using drugs or alcohol, then they will not get approved

    also, if you read the history of the changes in the SS rules of determination for drugs/alchol, you can see that in the mid 1990s patients who had been approved SSI/SSDI on the basis of disabling substance abuse received notifications that they would be removed from receiving benefit unless they could prove that other disabling conditions existed & that the other disabling conditions would still exist even if they stopped abusing drugs/alcohol

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  • Anonymous
    9 years ago

    Where I live, you can obtain SS Disability without having anything wrong with you whatsoever. I see people every day who are more able bodied than I am, and they haven't worked in years. They can go deer hunting, walk 5 miles in sub-zero temps, kill a 200 pound deer, drag it 5 miles UPHILL back to the truck, but they are not able to work.

  • Syrup
    Lv 5
    9 years ago

    I have never heard of addiction being a disability, if they received SS Disability they would only use that money to buy drugs!!

  • You can always apply no matter what, it is whether you will receive or not. # rounds of rehab there is a good chance, but no guarantee.

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