How we will determine whether your drug addiction or alcoholism is a contributing factor material to the determination of disability

CurrencyCurrent through May 31, 2023
Citation 20 C.F.R. §404.1535

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23 cases
  • Abousamra v. Kijakazi
    • United States
    • U.S. District Court — Eastern District of Michigan
    • February 14, 2023
    ...determination that the individual is disabled." 42 U.S.C. § 423(d)(2)(C). The Commissioner implemented this standard by enacting 20 C.F.R. §§ 404.1535 and 416.935, which "clearly" require that the five-step sequential evaluation process be followed in the adjudication of disability "before ......
  • Jones v. O'Malley
    • United States
    • U.S. District Court — Eastern District of Missouri
    • September 30, 2024
    ...Drug addiction or alcoholism is “material” if the individual would not be found disabled if alcohol or drug use were to cease. See 20 CFR § 404.1535. In case, the ALJ considered Jones' abuse of alcohol and drugs as a severe impairment. The ALJ, however, found that considering all of Jones' ......
  • George v. Comm'r of Soc. Sec., Case No. 1:16-cv-2044
    • United States
    • U.S. District Court — Northern District of Ohio
    • June 15, 2017
    ...is disabled." Pub.L.No. 104-121, 110 Stat. 847, 852-53 (1996), codified at 42 U.S.C. §§423(d)(2)(C) and 1382c(a)(3)(J); See also 20 C.F.R. §§ 404.1535 and 416.935. Social security regulations provide the following procedure to determine the materiality of drug addiction and alcoholism on th......
  • Carathers v. O'Malley
    • United States
    • U.S. District Court — Eastern District of Tennessee
    • September 26, 2024
    ...to the determination of disability because the claimant would not be disabled if he stopped the substance use (20 C.F.R. §§ 404.1520(g), 404.1535, 416.920(g), 416.935). Because the substance use disorder is contributing factor material to the determination of disability, the claimant has no......
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2 books & journal articles
  • Section 56 Disqualifying Factors (Disabled But Not Eligible
    • United States
    • The Missouri Bar Practice Books Administrative Law Deskbook Chapter 22 Social Security Administration Practice and ProcedureSocial Security Administration Practice and Procedure
    • Invalid date
    ...Substance abuse is material when the claimant would not be found disabled if the claimant stopped the substance abuse. 20 C.F.R. §§ 404.1535 and 416.935. Therefore, when there is evidence of a substance abuse disorder, the initial question concerns whether the claimant is disabled with subs......
  • Section 56 Disqualifying Factors (Disabled But Not Eligible)
    • United States
    • The Missouri Bar Practice Books Social Security Administration Practice and Procedure Guidebook Chapter 5 Disqualifying Factors (Disabled But Not Eligible)-Drug Addiction or Alcoholism
    • Invalid date
    ...Substance abuse is material when the claimant would not be found disabled if the claimant stopped the substance abuse. 20 C.F.R. §§ 404.1535 and 416.935. Therefore, when there is evidence of a substance abuse disorder, the initial question concerns whether the claimant is disabled with subs......