Social Security Disability and Smoking, Alcohol, Drugs, and Jail

Some people applying for Social Security disability benefits wonder if they still qualify if they smoke, drink, use drugs, or are (or have been) in jail. Here we will discuss what Social Security looks at to make a disability decision.

Many applicants smoke, and it may not affect your claim all that much. However, if your disability is emphysema or COPD, or another breathing disorder that is probably linked to your smoking habit, Social Security will ask if you have attempted to quit. Those who have quit the habit or have drastically cut back on smoking have a much better chance of being approved for disability. Those who are aware of the harmful effects smoking has on their body, but have not cut back at all, are frowned upon and may have their claim denied unless other disabilities exist.

When it comes to alcohol and drug addictions, Social Security has completely changed the system in the last decade or so. There used to be a listing that allowed those who were addicted to alcohol or drugs to be approved, under the reasoning that they had an uncontrollable addiction. However, Social Security realized that these recipients were probably using taxpayers' money, or their disability checks, to fuel their habits. So Social Security turned things around. Now, if it is determined that an applicant has "any material involvement" with drugs or alcohol, they are denied.

That being said, if an applicant has a disability that may possibly be related to alcohol or drugs, but it is questionable, there is still a chance of being approved for disability (for instance, liver failure). These situations are sometimes hard to prove, but it happens quite often.

If an applicant applies for Social Security disability benefits while in jail, it probably won't affect his or her disability claim much unless the period of disability is relatively the same period as the person was in jail. For instance, if a claimant says he has been disabled for three years, and has spent a month in jail, Social Security will consider the time before and the time 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 Security may deny the claim. Generally speaking, a person is ineligible for disability benefits while he or she is in jail or prison.

If a person already receiving benefits spends time in jail, and the time is less than a year, Social Security will suspend the disability benefits only during that period of time. When the person is released, benefits will begin again automatically. If the period of time is over a year, however, the person must reapply and begin the process all over again.

One more thing to note is that the severity of the crime he or she has been convicted for may have a bearing on a Social Security decision. For instance, using or selling drugs would probably result in a denial.

Whatever situation you are in, and wherever you are in the process, best of luck