The US government, due to excessive, funds is known for its spoiling habits. It is undisputable that the government’s main concern is the citizens’ best interest. It aims, to foresee the tiniest nooks and crannies where each unique individual’s needs reside.
However, there still is room for improvement. An advantage of being one of the richest nations in the world is its capacity to provide; its downside is balance. The US legislature may have enacted superfluous laws, but constant review and revisions are done to achieve a better and particular desired result.
For instance, in the past, a person engaged in alcoholism and substance abuse could be eligible for Disability Insurance Benefits. The substance of the law lives in its wisdom, its compassion for human nature; hence, Congress used to recognize a human weakness in the form of addiction or behavioral disability.
Fortunately, the government has seen the detrimental effects to the people and reversed its position on alcoholism and substance abuse. Instead of pampering it, alcoholism and substance abuse is now a major hurdle to receiving disability benefits. Correctly so.
The Social Security Administration evaluates the disabled claimant based on his physical and mental health. Thereafter, it reviews the existence or impact of alcoholism or substance abuse on the person. Patients suffering from chronic pain tend to self medicate with illegal or prescription drugs just to alleviate the pain. It is common as it is human nature, but because of its harmful effects, the law and the US government should not condone it.
This is not to say though that disabled persons who engage in alcoholism or substance abuse are automatically disqualified from receiving disability benefits. The government still recognizes legal disability independent of alcoholism and substance abuse.
The criterion for legal disability is a medical condition that can be expected to last for at least 12 months or to result in death and that such health problem not only prevents him from performing his past work but also renders him incapable of doing any type of work at all.
For a claimant to receive benefits, he or she must prove that the disability is not directly caused by alcoholism or substance abuse. If any proof arise that alcoholism or substance abuse contributes to the disability, SSA will deny the claimant from receiving Disability Insurance Benefits. It only goes to show that existence of alcoholism or substance abuse is irrelevant unless it contributes to the disability then it becomes relevant to the case.
SSA reviews the limitations imposed by the claimant’s physical or mental problems. If such limitations remain as the person stop abusing alcohol or drugs, then independence of disability from alcoholism and substance abuse is established.
If such limitations fall under legal disability, the claimant becomes entitled to benefits. If the person minus alcoholism and substance abuse remains limited but falls outside the definition of legal disability, then SSA will deny the claim. If it is proven that the disability, even if it is legal, is caused by the person’s alcoholism or substance abuse, SSA will of course deny the claim.
The best SSA can offer is its approval to send the claimant to a treatment facility before it pays for his benefits. The claimant should comply with the requirements. Otherwise, he will not be given benefits in spite of his legal disability.
The US government wants the best for its people and should it offer to support treatment, as Los Angeles social security disability lawyers shall concur, the beneficiary must submit and trust that he shall receive the best services to help him get on with life.
About the Author
Our Los Angeles Social Security Disability Lawyers are well experienced in handling social security disability claims and appeals. For more information please visit our website at http://www.mesrianilaw.com/Los-Angeles-Social-Security-Disability-Lawyers.htmlSee Also:
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