The Americans With Disabilities Act, Addiction, and Recovery for State and Local Governments ADA National Network

Mr. Darras has seen more, evaluated more, litigated more, and resolved more individual and group long term disability and long-term care cases than any other lawyer in the United States. Drugs are designed to encourage your brain to release chemicals that produce a euphoric effect. These drugs hit a reward center in your brain, which encourages the learned behavior of drug use. This reward center is actually designed to teach and train you to continue healthy behaviors by releasing dopamine, which makes you feel happy.

However, the ADA only offers protections for drug addiction if a person is in recovery and not currently abusing drugs. If the Social Security Administration (SSA) determines that your addiction contributed to your disability, you won’t receive benefits. This doesn’t mean that SSA will refuse benefits in cases where someone uses drugs and alcohol. Rather, a disability must occur independently of substance abuse for a person to be eligible for benefits. “There is resistance to seeing those as medical conditions or disabilities,” Elizabeth Pendo, a professor of law at St. Louis University, said about substance use disorders. Instead, some people view them mainly as the ongoing consequences of bad decisions or lack of willpower.

Disability and Addiction Statistics

The ADA also requires that state-funded housing provide “reasonable modifications” to individuals with disabilities, including those in recovery. People with a drug addiction face a difficult battle when filing a Social Security disability claim, even if your disability is caused by something else. Often, those who are addicted to drugs have other mental conditions which do qualify them for Social Security Disability benefits, and as long as it can’t be proven that your mental conditions will improve if you stop using drugs, you may be approved.

Your doctor’s opinion can help Social Security determine what limitations you have separate from those caused by substance abuse. On the other hand, the ADA does recognize alcoholism and drug addiction as disabilities. While it does provide protection for current alcoholism, it does not protect people who are currently abusing drugs.

Drug Addiction and the ADA

“This kind of discrimination is overt,” Gregory Dorchak, an assistant U.S. attorney in Massachusetts who has led many of these investigations, said on a recent webinar. Join the thousands of people that have called a treatment provider for rehab information. You will know for certain if you try to stop using it and are unable, or if not using it causes you to feel physically ill. 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. Trained information specialists answer calls, transfer callers to state services or other appropriate intake centers in their states, and connect them with local assistance and support. One of the most unique things about treatment at Asana Recovery is the commitment we show to our core values in the course of treatment.

A person who has a legally prescribed medication to treat their substance use disorder (such as Suboxone, Methadone, or Vivitrol etc.), and is no longer engaging in the illegal use of drugs is a person with a disability and is protected by the ADA. Addiction to alcohol and the illegal use of drugs are treated differently under the ADA. Addiction to alcohol is generally considered a disability whether the use of alcohol is in the present or in the past. For people with an addiction to opioids and other drugs, the ADA only protects a person in recovery who is no longer engaging in the current illegal use of drugs. The question of if addiction should be considered a disease is still controversial even decades later when it was designated as such. Some experts argue that addiction should instead be classified as a dysfunction or a disorder.

Can You Get Social Security Disability Benefits if You Have Drug Addiction or Alcoholism?

If you’re struggling with substance abuse and have accepted you have a problem you can’t solve on your own, Hope by the Sea is a family-owned treatment center where you can receive the help you need in a judgment-free environment. When you contact our admissions team, they will assess your needs, verify your insurance coverage, explain our treatment tracks and prepare you for what to expect. Samantha is a compassionate therapist dedicated to helping individuals navigate their mental health challenges and find healing and recovery. Currently pursuing her advanced degree in psychology, Samantha’s personal journey of overcoming addiction fuels her passion for supporting others on their path to wellness.

• The ruling in Exxon

  suggests that an employer’s reliance on medical guidelines may be more

  defensible when they are used to formulate a broad-based qualification than to

  assess an individual case.

• However, if you’ve stopped taking drugs and the Social Security Administration (SSA) believes you’re in recovery, you should be able to get disability benefits for drug-related damage and other impairments.
• It is not possible at this point in time to receive Social Security Disability benefits based solely on Drug Addiction.
• It also means that employees cannot be disciplined just because they have an alcohol addiction, and there must be reasonable accommodations made for the disability.
• Thus it would be an error for a Social Security consulting physician or claims examiner to say that an applicant should be denied automatically, simply because they are also using narcotics.

He’s also experienced the stigma that comes with others viewing him as a drug user. For most of his life, he was hospitalized twice a year as a result of his cystic fibrosis. By establishing precedents, the initial cases can also open the door for future legal action, whether by the government or by advocates. Indeed, Justice Department attorneys have cited cases not brought by the government as guiding their work in this area.

Disability Lawyer in Greenville: Proving One Year

To be considered disabled, your condition must have lasted 12 months, be expected to last 12 more months, or must be a condition that will result in death. Your disability must prevent you from working and earning a living and must have a severe impact on your life. He earned a Bachelor’s degree at Lincoln University of Pennsylvania while pursuing his CAC-AD.

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. A “reasonable accommodation” is a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary to afford an applicant with a disability an equal opportunity to use and enjoy a dwelling. This includes making an exception to a tenant screening policy that bars applicants based on certain criminal history. If you are seeking disability benefits while suffering from alcoholism or drug addiction, you may face many legal complications. As noted above, SSA will use a more rigorous and thorough evaluation to determine whether alcoholism or drug addiction is a material factor in your case.

Executive Director, Co-Founder

If you’re dependent on drugs and you have other physical or mental impairments, you might be able to receive disability benefits—under certain conditions. Technically, the SSA will determine whether your drug addiction is a «contributing factor material to the determination of disability.» But if employees are unable to perform their job even with a reasonable accommodation, or if the employees are a threat to safety, then they are not protected under the ADA or MHRA.

Substance abuse can be grounds for disability benefits, but the eligibility for such benefits will depend on the specific circumstances and the rules of the disability program in question. You may experience cravings even after completing rehabilitation because drug abuse can permanently change your brain chemistry. Vanessa is certified in addictions counseling by Maryland’s Board of Professional Counselors and Therapists, with credentials as a clinical supervisor. She comes to The Freedom Center with over 14 years of direct experience in residential and outpatient treatment between the private and federal sectors. Himself, an alumni of The Freedom Center, Michael brings a personal experience of the program to his role.

Remember—it’s not impossible to claim individual or group long-term disability benefits due to substance abuse or addiction but it is hard. You might succeed with help from the skilled long-term individual disability attorneys and nationally honored group ERISA lawyers at DarrasLaw. You may qualify for individual or group long-term disability benefits to treat any addiction that prevents you from performing the important duties of your occupation.

When he’s not busy treating The Freedom Center’s clientele, you might find Kevin engaged in his other passion as an actor/director in the local theater community. Kevin’s expertise and experience as a Primary Therapist, paired with his natural talents and abilities as a speaker and an artist, have uniquely equipped him to reach our population and render top-notch care. Sydney Tubbs is a driven and compassionate Operations Director at The Freedom Center. With a profound understanding eco sober house price of the complexities surrounding addiction, Sydney has dedicated her career to improving the lives of individuals struggling with substance abuse. Her exceptional leadership skills, coupled with her unwavering commitment to delivering high- quality care, have allowed her to successfully oversee the day-to-day operations of a leading addiction treatment facility. With herself and her staff their main goal is to provide a safe, nurturing environment for our clients.

Throughout his recovery, James has used his personal story to help make a difference in the lives of others. Over the years he grew into becoming an advocate for people in recovery or seeking https://rehabliving.net/ recovery from substance use disorders. James is a CCAR Recovery Coach and believes in developing meaningful relationships, and providing highly individualized therapy and client care.

It’s no longer a surprise that illegal drug use and prescription drug abuse is a problem for many Americans. More than 63,000 persons die of drug overdoses in America each year, and these numbers don’t include people who suffer from traumatic brain injuries or contract life-threatening diseases resulting from drug abuse. Drug addiction is a mental disorder characterized by a physical, mental, or emotional dependence on a substance. The substance may be legal (such as alcohol), illegal (such as marijuana, cocaine, crack, or heroin) or a legal substance used in an illegal manner (such as huffing inhalants or solvents). Generally speaking, when we refer to drug addiction as a disabling condition, we are referring to alcoholism (abuse of and addiction to alcohol) or dependence upon illegal drugs. Alcoholism and drug addiction are complicated conditions that can damage many areas of a person’s life, including their finances, career and family.