The Social Safety Administration (“SSA”) sometimes points rulings often called Social Safety Rulings concerning the incapacity course of and the way the Administrative Regulation Judges deal with sure authorized issues, together with weighing of proof.
Social Safety Ruling 13-2p has not but been revealed, however the SSA just lately revealed to the general public that it could be publishing the brand new ruling comparatively quickly. The brand new ruling offers with how the Administrative Regulation Judges view incapacity claims involving drug and alcohol dependancy. At present, the SSA doesn’t allow an individual to be discovered disabled if the explanation for the incapacity is due to drug or alcohol dependancy. This was not all the time the case, actually, the SSA use to allow a discovering of disabled if an individual had a medical impairment brought about or associated to such forms of dependancy.
The brand new ruling will deal with how Administrative Regulation Judges weigh proof of a incapacity claimant’s previous or present dependancy. The brand new ruling supplies that if the incapacity claimant’s drug or alcohol downside is materials, the Administrative Regulation Decide is required to view surrounding proof to find out whether or not mentioned medical or bodily impairment(s) are immediately associated to, or brought on by both the drug or alcohol dependancy. If that’s the case, the Administrative Regulation Decide will doubtless discover that the claimant isn’t disabled. If the Administrative Regulation Decide determines that the dependancy(s), in and of itself, or themselves, are usually not the explanation for the incapacity claimant’s ongoing impairments, and these ongoing impairments are ample and extreme sufficient to warrant a discovering of disabled, the dependancy is not going to adversely have an effect on the incapacity claimant’s declare for advantages.
The brand new ruling (SSR 13-2p) is supposed to ascertain a framework for Administrative Regulation Judges concerning tips on how to view and weigh proof when coping with a incapacity claimant who has a historical past of drug or alcohol dependancy. Particularly, SSR 13-20 is supposed to make clear the SSA’s coverage when coping with instances involving claimants who’ve a historical past of mentioned dependancy.
Clearly, this text doesn’t deal with every level made in Social Safety Ruling 13-2p, nonetheless, this text supplies a tough abstract of how the Social Safety Administration is dealing with sure forms of instances. If you’re submitting for Social Safety incapacity advantages and have a historical past of both drug or alcohol addition or your declare relies, partly, on a present drug or alcohol dependancy, it’s best to contact a Social Safety incapacity lawyer for a free session. Most incapacity attorneys present free authorized recommendation concerning tips on how to proceed along with your declare.