Hello Roger,
As a researcher, I cannot give you legal advice. My background is in
mental health. I've met many individuals who are on Social Security
Disability for a mental disorder and who also have substance abuse
problems.
My understanding is that in 1996 the federal government passed
legislation that disqualifies anyone whose ONLY diagnosis is a
substance abuse disorder from receiving Social Security Disability.
That means that you may qualify for Social Security Disability if you
are disabled due to a condition other than substance abuse.
You indicated that you are in the appeal phase. The single best thing
you can do to enhance your chances of a successful appeal, in my
opinion, is to seek legal counsel. An attorney can help you navigate
the various levels of the appeal process. To be successful your appeal
will have to show that your condition would exist separate and apart
from alcohol use. Unless you believe that you can demonstrate this on
your own, legal counsel would be your best option.
Your state should have a bar association which can refer you to an
attorney in your community who has expertise in Social Security
appeals. The link below will help you find your state's bar
association.
Law Info Bar Associations
http://www.lawinfo.com/barassoc.html
Your local Social Security office also has a form you can fill out to
request assistance in finding legal representation.
You May Have a Representative
http://www.ssa.gov/oha/reps.htm
If you contact the Bar Association for your state, they may refer you
to a local bar association in your community. If you are unable to
afford an attorney, please be sure to ask the bar association for a
referral to an attorney who will only charge a contingency fee (see
the "If I am disabled can I afford a lawyer" link below). If you need
more information on ways to get in touch with an attorney in your
area, please let me know and I'll see what I can find.
Here are some other links that may be of help to you in addition to
the wonderful link Merope gave you in the comment below.
Information about Social Security Disability Benefits
http://www.dms-lawyer.com/AREA/ss.htm
5 Major Mistakes People Make in Filing for Social Security Disability
Benefits
http://www.socialsecuritybenefits.info/ssb/
Why Should I Hire a Lawyer?
http://www.socialsecuritybenefits.info/ssb/faqs/faqs.asp#28
If I am Disabled Can I Afford a Lawyer?
http://www.socialsecuritybenefits.info/ssb/faqs/faqs.asp#27
Social Security Disability Frequently Asked Questions
http://www.nosscr.org/hallfaq.html#40
Social Security Disability Online (Lots of good information here)
http://www.ssa.gov/disability/
Hearings and Appeals
http://www.ssa.gov/oha/hearings.htm
Search phrases used included "social security disability alcohol."
Best wishes for a speedy and successful resolution to your appeal!
fsw |
