Social Security Disability Benefit New Set of Regulations.
The US. Department of Health and Human Services currently post a new
regulations providing for the premature suspension or termination of
social security disability benefits in some cases involving drug or
alcohol abuse all Company owners who support disability benefit plans
in which benefits are abridged by social security disability benefits
must be aware of this issue.
Due to an amendment to the Social
Security Act signed into law, drug and alcohol addiction (DAA), by
itself, can no longer be the basis for a finding of disability for
purposes of Social Security. This does not mean, however, that everyone
who has a drug or alcohol problem is ineligible for Social Security
disability benefits. Benefits will be denied only if a drug or alcohol
addiction is a contributing factor material to a finding of disability.
Therefore, if a severe disability that prevents a person from working
exists independently of the person's drug or alcohol addiction, that
person may still qualify for disability benefits.
When
determining whether a drug or alcohol addiction is a contributing
factor material to a finding of disability, the fundamental question to
be answered is whether a claimant would still have the disability even
in the absence of drug or alcohol abuse.
Generally, if a
claimant is not currently using drugs or alcohol and is still found to
be disabled for purposes of Social Security, he/she will receive
disability benefits even if the disability was originally brought on by
substance abuse. For instance, a claimant may stop the substance abuse,
but may still be left with cirrhosis that would continue as a disabling
health problem.
However, for a claimant who is currently abusing
drug or alcohol to receive disability benefits, the medical evidence
must show that the claimant's disability would continue to exist even
if the claimant stopped the drug or alcohol abuse. Again, for instance,
a claimant may have cirrhosis that would continue as a disabling health
problem even if the claimant stopped abusing alcohol. Or a claimant who
uses drugs may have a disabling back condition unrelated to the
substance abuse.
It is essential for health care professionals
to assess the impairment of a drug or alcohol dependent claimant in
light of these new rules regarding drug and alcohol addiction, this
conclusion should be supported with appropriate medical tests and
reports that can then be submitted with the individual's claim for
needed disability benefits.
All Company owners that supported
the Social Security Disability Benefits must evaluate their plan
credentials to be sure that they will not inadvertently be required to
increase plan benefit payments to a disabled employee if the employee’s
Social Security Disability Benefits are cut off under the new rules.
