Do You Have A Listed Impairment?

Step 3: Tulsa Disability Claim Attorneys Discuss Qualifying For Tulsa Social Security Benefits

At this step of the sequential disability evaluation, the Social Security Administration (SSA) must determine if your impairments meet or equal an impairment in the “listings”. This term describes an official list of very severe impairments in the regulations. It would not be practical to describe all of the listed impairments within this website. Instead, our disability attorneys provide a basic overview as to the nature of these impairments. We then explain the manner in which the SSA evaluates these disability claims.

Listing of Impairments for Disability Benefits

The listings of impairments to determine Social Security eligibility include numerous impairments, both physical and mental. The official listing is different for adults and for children. The most common impairments relate to the following:

• Musculoskeletal systems
• Senses and speech
• Respiratory systems
• Cardiovascular systems
• Digestive systems
• Neurological disorders
• Mental disorders
• Immune system disorders

The listing includes impairments that are of such severity that the impairment would render a person unable to work, regardless of that person’s age, work experience or educational background. As an example, the amputation of both feet would meet a listed impairment. Similarly, amputation of both hands or one hand and one foot would meet a listing.

Can I Qualify for Social Security Based on Impairment Severity?

If a person’s impairments meet or equal a listing, which means it is similar to the severity of a listed impairment, then the SSA would find that person disabled at step three. The sequential disability evaluation then stops. If the impairment is not listed but is similar to one that is, or you have several impairments that alone do not qualify as severe but together are, then your disability claim may still receive consideration as being equal to a listing. However, if the claimant does not meet or equal a listing, then the sequential evaluation proceeds to step four of the disability determination.

Is Drug or Alcohol Abuse a Disability?

The Social Security Administration (SSA) does not award disability benefits solely for drug or alcohol addictions. However, an individual may be entitled to disability benefits for a medical condition brought on by drug or alcohol abuse. A disability claim for someone with a condition caused by drugs or alcohol will only be successful if the continued use of drugs or alcohol is not contributing to the disability.

Whether or not you will qualify for Social Security benefits if you have a drug or alcohol problem depends on the particular circumstances of your case. At Troutman & Troutman, P.C., disability law is all we do. Our lawyers represent each client to the best of our abilities, regardless of a client’s past or current substance abuse.

If drug addiction or alcoholism has left you with a disabling medical condition, contact us. We invite you to talk with one of our experienced attorneys during a free evaluation of your case.

Can Using Drugs or Alcohol Affect My Disability Claim?

When you apply for disability, the SSA will determine whether substance abuse is a material contributing factor to your disability. Material means the substance abuse is contributing to, or worsening, your medical condition. The SSA will also consider whether you would qualify for insurance benefits if you did not abuse alcohol or drugs. If they find that without using you still do not qualify, then the SSA will deny benefits.

For example, let’s say you have a drug addiction and suffer from seizures. The SSA determines the frequency of seizures would continue even if you stopped using drugs. In that case, you may receive disability benefits. On the other hand, if the SSA determines your seizure condition would medically improve if you stopped using drugs, then the SSA will likely consider your drug addiction material to your disability and deny benefits.

One of the steps in approving Disability Insurance is the SSA reviewing your medical records. If at one point your doctor noted a suspected substance abuse problem, then the SSA may use this as reason to deny your disability claim. Proving that drug addiction or alcoholism is immaterial, or does not contribute to a disability claim, can be difficult. Have a qualified lawyer review your medical records and guide you through the entire disability claim process.

Am I Eligible for Benefits If I Still Use Drugs & Alcohol?

If you have a current, ongoing substance abuse problem, the Social Security Administration will likely issue your SSD payments to a representative payee. Your representative payee may be a friend, a family member, or a qualified organization. The representative payee will then be responsible for managing your checks. This ensures you do not spend the funds on drugs or alcohol.

Can I Collect Disability if I Am Addicted to Alcohol?

If you have a friend or family member who is addicted to alcohol and suffering from health problems as a result and can no longer work, it may be a good idea to talk to them about potentially seeking Social Security Disability Insurance (SSDI). If they have serious illnesses like cancer or their medical conditions are expected to worsen over time, they may be eligible for benefits.

The Social Security Administration will gauge if an applicant’s health is expected to improve if they are able to give up alcohol. Unfortunately, for some people, even if they enter recovery, their health woes continue, leaving them unable to work. In these cases, the SSA could consider a victim disabled and grant them benefits.

Our firm is dedicated to helping people who cannot work obtain benefits, regardless of how their health conditions were acquired. By working with an attorney, a person may be able improve their chances of receiving benefits.

Ask a Tulsa SSI Attorney about Your Disability Claim

It is important for claimants to recognize the fact that you must follow the sequential evaluation in order. This means that, even if a person meets a listing but is working in a job considered substantial gainful activity, the SSA would not find the person disabled at step one. Then, the disability evaluation would not get to step three.

If you need assistance determining if you have a severe impairment included in the disability listings, then call our disability attorneys today for a free evaluation. Someone at our office can answer questions you have about your Social Security eligibility.