Should drug addiction be considered a disability?

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Kiley Schumm asked a question: Should drug addiction be considered a disability?
Asked By: Kiley Schumm
Date created: Sat, Apr 10, 2021 3:13 PM
Date updated: Sun, Oct 30, 2022 1:52 AM

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Video answer: Disability

Disability

Top best answers to the question «Should drug addiction be considered a disability»

You can't receive Social Security disability benefits based on drug addiction even if your dependence on drugs makes it impossible for you to work. So if drug addiction is your only impairment, you don't qualify for disability benefits.

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Mr. Simon Flacks, Lecturer at the University of Reading, also arguing in favour of the inclusion of drug dependence as disability, said that while the pathologization of difference through mental and bodily behaviour are good arguments against considering drug dependence as disability, the strength of the social model of disability is that it recognizes it as a social construction rather than a moral failure of the individual.

Is Addiction Considered A Disability By ADA? The Americans with Disabilities Act (ADA) does not protect those with an addiction to illegal drugs. Illegal use of drugs is grounds for denying employment or firing from employment. Employers may also test their applicants or employees for illegal substance use.

Drug addiction, including an addiction to opioids, is a disability under Section 504 of the Rehabilitation Act, the Americans with Disabilities Act, and Section 1557 of the Affordable Care Act, when the drug addiction substantially limits a major life activity.1

No! That’s a horrible idea. Let’s look at why: 1.) You take an addict, free him from working for a living so he has very large amounts of unstructured free time, threaten to cut off his disability if he gets a job and starts building a more indepe...

A drug addict may be considered as a “person with a disability” if they have been rehabilitated and no longer indulges in the illegal use of illicit drugs. A person who is currently enrolled in a rehab program and has stopped using illegal drugs may also qualify for ADA protection.

Addiction is a disease, experts have agreed on this. So I think addiction should definitely be a contributing factor when someone files for disability. The government counts every other disease when determining someone's status, so why not addiction?

In order for an individual's drug addiction to be considered a disability under the ADA, it would have to pose a substantial limitation on one or more major life activities. In addition, the individual could not currently be using illegal drugs.

Although drug addiction often substantially impairs a person's ability to work, an applicant will not be approved for disability on the basis of the drug addiction.

Alcohol addiction is not, therefore, covered by the Act. However, an employee may have a physical or mental impairment that does amount to a disability within the meaning of the Act but which was caused by or was the result of alcohol addiction, for example a serious liver condition or a depressive illness.

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Video answer: Social security disability hearing: use of alcohol or drugs

Social security disability hearing: use of alcohol or drugs