Can I Get SSDI Benefits For Opioid Addiction From Prescribed Medication?

Can I get SSDI benefits for Opioid Addiction from prescribed medication?

Opioid addiction have become one of US’s biggest drug concerns. This type of drug can be either synthetically produced or derived from opium. Most commonly used as pain relief, they are effective, but also have the potential to become addictive in some patients.

The term “opioids” can include anything from the illicit heroin to synthetic versions like fentanyl (a very tiny amount can be instantly fatal) as well as prescription pain relievers such as morphine, codeine, oxycodone (also known as OxyContin), hydrocodone (also known as Vicodin) and a number of others.

Opioids are great at relieving chronic pain, but patients can’t just stop taking them or they quickly experience withdrawal. The unfortunate nature of their effectiveness is also the pathway to addiction.

More than 40% of individuals on Social Security Disability are prescribed opioids for pain relief. Many are on very high doses for musculoskeletal disorders, which comprised 94% of chronic users. Depression among opioid users is about 38%. But if you find yourself unable to live without them, even when properly prescribed by a doctor, you could be addicted.

What Is An Opioid?

The term “opioid” describes a class of drugs that bind to the body’s opioid receptors. Morphine and other opioids are frequently prescribed for pain.

Opioids can also offer a feeling of euphoria, leading to the continued use and eventual mis-use of prescriptions. This is how many people become addicted in a short period of time.

Prescription opioid addiction is a particularly difficult situation, because the patient is frequently in a certain degree of pain. As with any addictive drug, the patient may find themselves increasing the amount of medication to get the same degree of relief from the drug. Eventually, they can’t stop taking the drug, because they may experience severe withdrawal symptoms as well as the return of physical pain. In some cases, patients may turn to more illegal forms of opioid like heroin if they are unable to acquire additional prescriptions.

Disability For Opioid Addiction

Social Security’s rules for disability due to addiction are very straightforward, and the short answer is usually “no.” But it’s not that simple.

Social Security doesn’t consider a drug addiction of any kind a disabling condition, even if it prevents someone from working. Only until it produces irreversible, permanent conditions does the Social Security Administration consider someone eligible for disability. All cases are reviewed in the same manner, no matter how the disability occurred.

SSA does not consider an addiction to properly prescribed prescription drugs to need a drug addiction or alcoholism determination (DAA.) However, SSA can take into consideration the disabling effects and limitations caused by a prescription that is used to treat a condition that a claimant is applying for. The side effects of a medication should be included when describing the seriousness of a patient’s condition.

In Social Security Ruling 13-2p, the SSA clarifies this point by stating that a DAA determination is “not to be applied” in cases of “addiction to, or use of, prescription medications taken as prescribed, including methadone and narcotic pain medications.” This also means that any side effects of the prescription will be taken into account when considering if a claimant’s symptoms are severe enough to be disabling.

What SSA Will Consider

The SSA previously had a listing for drug addiction, but as of 2018, that listing no longer exists. Impairments that result from a substance abuse addiction include:

  • Depression
  • Anxiety disorder
  • Personality disorder
  • Seizures
  • Brain damage (neurocognitive disorders)
  • Peripheral neuropathy
  • Gastritis
  • Pancreatitis

Of course, as with any condition, the SSA will require evidence of your condition, including diagnostic reports, your treating physicians’ contact information, details of any hospitalization, and a list of your medications and associated side effects.

While chronic misuse of opioids such as codeine may not produce permanent organ damage, improvements in brain imaging offer evidence of abnormalities as a result of codeine. This may also apply to other forms of opioid narcotics.

Permanent limitations that result from opioid drug use may be considered disabling if they are to the degree that they are serious enough to rate.

Houston’s Opioid Addiction Attorney

Social Security Disability laws are complicated and complex. If you’ve been denied disability payments for drug addiction or other debilitating condition, call us immediately. We’re ready to help.

We’ve helped over 4,000 Houstonians get their disability benefits. The Herren Law Firm in Houston, TX can assist with your application, appeals and records gathering to prove your case, and win your claim. Contact us today at 713-682-8194 (or user our online contact form) to schedule your free consultation. There’s no obligation, and no up-front fees, and we only collect a fee if we win your case.