March 1995 • No. 2, Article 4
ALERT!
Do you receive disability benefits because you are, or have been, disabled
by a drug or alcohol addiction (even if you have other impairments)? If
so, then you probably know that Social Security will stop your disability
payments after 36 months unless you are disabled by a medical condition
unrelated to drug addiction or alcoholism. You will soon receive a notice
(if you haven't already) explaining that your benefits will be stopped
after 36 months because you are disabled, at least in part, by an addiction.
The notice will explain your right to protest or appeal your status as
an addicted recipient which, if successful, will allow your benefits to
continue.
Be aware that it may not be in your best interest to protest or appeal
at this stage. An appeal may trigger a full disability review which could
result in a finding that you are no longer disabled by any impairment -
substance addiction or otherwise. If this occurs, your benefits may be
terminated sooner than they would be if you had waited for the 36 month
cut off. On the other hand, you may benefit from an appeal if you suffer
from physical or mental impairments which are disabling in themselves and
are unrelated to substance abuse.
Do not assume that a protest or appeal is the best choice for you. Consider
your decision carefully and, if necessary, seek advice from a knowledgeable
source prior to filing an appeal.
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The Hawkins Center
A Non-Profit Agency Providing Legal and Support Services
to People with Disabilities
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Fax: (510)232-2271
email: info@hawkinscenter.org
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