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.