The ADA and Opioid Use Disorder: Combating Discrimination Against People in Treatment or Recovery

The town mayviolate the ADA if its refusal is because of the residents’ hostility towards people with OUD. A jail does not allow incoming inmates to continue taking MOUD prescribed before theirdetention. The jail’s blanket policy prohibiting the use of MOUD would violate the ADA. A skilled nursing facility refuses to admit a patient with OUD because the patient takesdoctor-prescribed MOUD, and the facility prohibits any of its patients from taking MOUD.The facility’s exclusion of patients based on their OUD would violate the ADA. American Addiction Centers (AAC) is committed to delivering original, truthful, accurate, unbiased, and medically current information. We strive to create content that is clear, concise, and easy to understand.

Does an individual in treatment or recovery from opioid use disorder have a disability under the ADA?

1. This document is intended to provide clarity to the public regardingexisting requirements under the law or Department policies.
2. If the answer to both is no, the SSA deems the substance abuse “not material,” meaning you still would be sufficiently impaired minus any limitations related to drinking or drugs, and it can allow your claim.
3. People with disabilities may rely on opioids to manage chronic pain due to their condition.
4. Social Security does not consider someone to be disabled solely on the basis of a substance abuse problem.

Winning a claim for disability benefits based on a mental impairment when you also have a history of substance abuse can be challenging. Make sure that you’re upfront with your doctor about your struggles with addiction. The SSA is aware that recovery isn’t easy, and won’t penalize you for any relapses so long as you’re honest with your medical providers.

How Does the SSA Determine Disability When You’re Addicted to Drugs?

Many people who struggle with substance abuse have other severe impairments, such as liver damage, depression, or bipolar mixing.naltrexone.and hard alcohol disorder. You may qualify for Social Security disability benefits based on those impairments as long as they would still keep you from working even if you stopped using drugs. To qualify for disability for any of these impairments, you’d have to fulfill the SSA’s requirements for the related listings. But if you’re still using drugs—even prescription drugs if you’re using more than your doctor prescribed—the SSA will definitely make a DAA determination to decide if your impairments would go away if you stopped using drugs.

Drug and alcohol addiction can have a more significant impact on people with disabilities. The heightened risk of complications, combined with the psychological and social impacts of their disability, can make them more vulnerable to substance abuse. According to the Americans with Disabilities Act (ADA), a person with a disability is someone with a physical or mental impairment substantially limiting one or more major life activities.6 This can include mobility, seeing, hearing, breathing, learning, and communicating. Chronic pain plays a significant role in addiction among people with disabilities. It accounts for 17% to 38% of the relationship between disability and various forms of substance use.

Filing for Social Security Disability with Drug Addiction

An addiction to heavy narcotics, on the other hand, can be very devastating to one’s lifestyle. In some cases, a Drug Addiction can result in the inability to sustain substantial gainful employment and addicts find it increasingly difficult to keep a job. No matter what the addiction is, one thing is certain – if a Drug Addiction goes untreated it will get worse over time. Some individuals are addicted to legal drugs, such as caffeine or nicotine, and others are addicted to illegal drugs, such as crack and speed. The severity of Drug Addictions can range from one end of the spectrum to the other. Opioids can cause dizziness and impaired coordination, significantly increasing the risk of falls and injuries, which can be particularly dangerous for individuals with physical disabilities.

The office would violate the ADA if it excludes individuals based on their OUD. Some of the people who suffer from a Drug Addiction don’t realize they have a problem until it is pointed out to them or until they reach rock bottom. For example, an addiction to caffeine or nicotine won’t likely gas-x and alcohol interaction result in a breakdown of relationships or an inability to maintain employment.

For some conditions, deciding whether substance abuse is material isn’t very difficult. It’s unlikely that drug use will be considered group activities for substance abuse recovery material if you’re applying for disability because of an unrelated condition, such as thyroid cancer or degenerative disc disease. Even with impairments that were caused by drug addiction, like hepatitis, substance use isn’t disqualifying if the damage is already done.

You still cannot get disability benefits on the basis of an addiction to painkillers or other prescription narcotics. But Social Security does not apply the “material”/”not material” test to prescription drugs as long as you are taking them at the frequency and quantity your doctor ordered. If you win your disability claim but the SSA believes you’re still struggling with substance abuse, the agency might require that you have a representative payee. Back due benefits and ongoing monthly payments will be sent to your representative, who is expected to manage the money on your behalf. You can find out more about representative payees and other issues involving addiction in our article on how Social Security evaluates alcohol or drug use. If you have a doctor, counselor, or therapist who’s been treating you consistently for over a year and has insight into your struggles with drug addiction, ask if they’ll fill out a medical source statement.