You can get Social Security disability benefits if there is evidence of drug and alcohol abuse--it's just harder

Chronic drug and alcohol abuse can hurt if not kill a Social Security disability case.  Evidence of either, however, is not the death knell to a case.  The key is to show the drug or alcohol abuse was not a "material factor" contributing to the disability.  In other words, you need to show disability wasn't caused by the drug or alcohol abuse.

Usually people drink or do drugs to "self-medicate" because they were abused (usually sexually) as a child.  At least this is what I have observed in the hundreds of cases I've handled.  Consequently, it is important to explain what happened.  Although not excusing the behavior it can show the claimant is a troubled soul trying to ease their pain.  And if they get help and get better then the evidence of past abuse can be overcome.

I usually suggest an alternate payee (someone to handle the disability) to the judge as a way of 1) protecting the claimant against temptation and 2) reassuring the judge that the money won't go towards bad habits but towards supporting the claimant.

 

These are tough cases, but I've won enough of them to know it can be done.