Some men and women applying for Social Safety disability rewards wonder if they nonetheless qualify if they smoke, drink, use drugs, or are (or have been) in jail. Right here we will talk about what Social Safety appears at to make a disability selection.
Quite a few applicants smoke, and it may possibly not influence your claim all that substantially. On the other hand, if your disability is emphysema or COPD, or a different breathing disorder that is possibly linked to your smoking habit, Social Safety will ask if you have attempted to quit. These who have quit the habit or have drastically reduce back on smoking have a substantially greater opportunity of getting authorized for disability. These who are conscious of the dangerous effects smoking has on their physique, but have not reduce back at all, are frowned upon and may possibly have their claim denied unless other disabilities exist.
When it comes to alcohol and drug addictions, Social Safety has fully changed the method in the final decade or so. There applied to be a listing that permitted these who had been addicted to alcohol or drugs to be authorized, beneath the reasoning that they had an uncontrollable addiction. On the other hand, Social Safety realized that these recipients had been possibly employing taxpayers' income, or their disability checks, to fuel their habits. So Social Safety turned items about. Now, if it is determined that an applicant has “any material involvement” with drugs or alcohol, they are denied.
That getting mentioned, if an applicant has a disability that may possibly possibly be associated to alcohol or drugs, but it is questionable, there is nonetheless a opportunity of getting authorized for disability (for instance, liver failure). These conditions are from time to time tough to prove, but it occurs rather generally.
If an applicant applies for Social Security disability benefits whilst in jail, it possibly will not influence his or her disability claim substantially unless the period of disability is reasonably the very same period as the particular person was in jail. For instance, if a claimant says he has been disabled for 3 years, and has spent a month in jail, Social Safety will contemplate the time ahead of and the time soon after the jail sentence. If a claimant says he has been disabled for two years, and most of that period was spent in jail, Social Safety may possibly deny the claim. Normally speaking, a particular person is ineligible for disability rewards whilst he or she is in jail or prison.
If a particular person currently getting rewards spends time in jail, and the time is much less than a year, Social Safety will suspend the disability rewards only in the course of that period of time. When the particular person is released, rewards will start once again automatically. If the period of time is more than a year, nonetheless, the particular person ought to reapply and start the procedure all more than once again.
One particular extra point to note is that the severity of the crime he or she has been convicted for may possibly have a bearing on a Social Safety selection. For instance, employing or promoting drugs would possibly outcome in a denial.
What ever circumstance you are in, and wherever you are in the procedure, very best of luck.