Is Addiction a Disability? ADA Protections & Disability Benefits

Are Substance Use Disorders Considered Disabilities?

In short, yes. Diagnosable drug and alcohol addictions, or substance use disorders (SUDs), are considered disabilities under Section 504 of the Rehabilitation Act, the Americans with Disabilities Act (ADA), and Section 1557 of the Affordable Care Act.³

The consideration of what defines a disability may vary according to its purpose for use regarding programs or services.⁴ Moreover, federally funded state agencies, known as State Disability Determination Services (DDSs), are responsible for providing medical evidence and making the initial determination of whether or not a person has a disability.⁵

Addiction & the ADA

The ADA was enacted on July 26, 1990, and was designed after the Civil Rights Act of 1964.⁶ The ADA prohibits discrimination against persons with disabilities and ensures they have the same opportunities and rights as everyone else to engage in the activities of general society. According to the ADA, a person is recognized as having a disability and protected by the ADA if they have:⁶

• A physical or mental impairment that considerably limits one or more of their major life activities, such as caring for themselves, sleeping, eating, learning, thinking, or operating bodily functions such as respiratory, neurological, or brain functioning; or
• A history of an impairment that considerably limited one or more of a person’s major life activities; or
• Been regarded or labeled as having such an impairment, such as being perceived as having a disability, and is treated negatively based on this assumption.

Some disabilities include but are not limited to:⁷

• SUDs that have been diagnosed by a practicing, licensed physician.
• Vision impairments, such as full or partial blindness.
• Hearing impairments, including mild or profound loss.
• Mental health conditions, such as depression, anxiety, or schizophrenia.

Can I Get Disability Benefits for Drug or Alcohol Addiction?

Being that SUDs are considered disabilities under the ADA, you may be entitled to receive behavioral health benefits. However, this applies to situations where an impairment, or disability, persists outside of drug or alcohol use. According to the SSA, this determination involves:⁹

• Establishing that you have a disability.
• Confirming medical evidence of your drug or alcohol addiction.
• Determining whether your impairment would continue even after stopping the use of drugs or alcohol.

If you are eligible to receive paid benefits, then the SSA requires that you receive treatment services at an approved facility when it is available and that you comply with the terms, conditions, and requirements of the treatment that has been made available to you.¹⁰ These services are typically provided at no cost.

Benefits that people get under social security/disability include:¹¹

• Social Security Disability Insurance. Pays benefits if you are “insured,” which means that you must have worked long enough, and recently enough, in jobs covered by Social Security to qualify for disability benefits.
• Supplemental Security Income. Designed to help persons with disabilities that have little or no income and provides cash to meet basic needs, such as shelter, food, and clothing.

Can Substance Use Impact My Disability Benefits?

Possibly. If your substance use is found to cause or worsen your impairments, meaning that your disability would improve if you abstain from using drugs or alcohol, you will likely not be eligible to receive disability benefits.

Can Enrolling in a Rehabilitation Program Provide ADA Protection?

Someone who is in recovery (not currently using drugs) and currently in a rehabilitation program may benefit from ADA protection. However, someone who tests positive for an illegal drug cannot immediately enroll in an addiction treatment program to avoid losing their job or facing disciplinary consequences.¹²

In addition, ADA protection related to drug or alcohol use may only apply to people who have a clinically diagnosed addiction, not to people who have used or currently use drugs recreationally. This also applies to alcohol use versus alcohol addiction.¹²

Are Drug & Alcohol Addictions Treated Differently Than Other Disabilities?

Under federal disability rights laws, alcohol addiction, whether current or past, is typically considered a disability due to the effects it has on a person’s brain and neurological functions and is protected by the ADA.⁷ On the other hand, though drug addiction is generally considered a disability, the ADA only allows protections for those in recovery and not currently engaging in illegal drug use.⁷

When Are Alcohol Users Covered Under the ADA?

Drinking alcohol is not protected under the ADA; however, in several instances, the courts have upheld that alcoholism (alcohol addiction) is considered a disability and granted protections.¹²

While alcohol addiction may be considered a disability, the ADA does not restrict employers from:¹²

• Prohibiting drinking on the job.
• Prohibiting employees from being intoxicated while working.
• Holding employees with alcohol addiction to the same standard of work performance demanded of other employees.

When Are Drug Users Covered Under the ADA?

Use of illegal drugs does not qualify as a disability, whether or not the person has been diagnosed with addiction. The ADA may, however, provide protections for employees who are:¹²

• Currently in recovery from addiction to illegal drugs.
• Currently enrolled in a treatment program and are no longer using drugs.
• Falsely accused of using drugs.

VA Disability & Addiction

For the Department of Veteran’s Affairs (VA) to determine that alcohol or drug addiction is a disability, it must be linked to a service-related issue.¹³ In other words, it must be attributed to an illness or injury that occurred while serving in the military, worsened after serving, or appeared after ending service.¹³ Benefits of VA disability may include health care or monthly financial support.^13,14

Finding the Right Treatment for You

American Addiction Centers (AAC) has facilities across the U.S. that are equipped to provide compassionate, evidence-based addiction treatment through a variety of levels of care. Call to speak to an admissions navigator and begin treatment today. You can also verify your insurance coverage online using the confidential online form below.