Is Addiction a Disability? What the ADA and Disability Law Say
Is addiction a disability? Yes. Substance use disorders are legally considered disabilities under the Americans with Disabilities Act (ADA). What does that mean? If you’re wondering “Is drug addiction a disability?” it’s likely that you want to learn more about your rights when seeking addiction treatment. Alternatively, you might have questions about whether you can get disability benefits for addiction.
As a psychiatrist-led group of talented medical and mental health professionals, Sanford Behavioral Health is here to help. Here, we’ll discuss how your rights are protected so you can feel confident, safe, and secure before, during, and after treatment.
This page is intended for the purpose of general information and is not legal advice. If you need help navigating a situation related to disability benefits, contact the ADA National Network (adata.org) or a qualified attorney.
Why Addiction is Considered a Disability
Substance use disorders are common, treatable conditions. If you have lived with one personally or have a loved one who has, you understand how addiction can affect a person’s life. The ADA legally defines addiction as a disability.[1] Addiction is considered a disability because it alters your brain chemistry and neural pathways. This can cause functional impairment (the reduced ability to perform everyday tasks or fulfill expected life roles). It is understood as a brain disease that substantially limits major life activities. Sometimes, what disability means can vary in different contexts.
Addiction and the ADA
Is substance abuse a disability under the ADA? Are recovering addicts protected under the ADA? While it is certainly considered a disability, there may be some confusion regarding what that means in terms of your protections if you have a substance use disorder.
What the ADA protects
ADA protections differ depending on whether you are or are not actively using or seeking help. Here’s what the ADA protects:
- People who are in recovery from addiction or are receiving treatment for it
- People with a history of substance use disorders
- Employment and housing
- Reasonable accommodations (e.g., a modified work schedule so that you can attend outpatient treatment)
Some examples of how that plays out? If you’re looking for a job, an employer cannot discriminate against you for having a history of a substance use disorder as long as you’re not actively using. They cannot fire you for having a history of a substance use disorder as long as you’re not actively using, nor can they discriminate against you for receiving medication-assisted treatment (MAT), therapy, or other addiction recovery resources (e.g., treatment programs).
What the ADA does NOT protect
Though it would protect you if you were to pursue treatment, the ADA does not protect current illicit drug use. So, although substance use disorders are indeed considered disabilities, it remains true that you can get fired if you are currently using illegal drugs. Job loss is one of the potential consequences of untreated substance use.
One critical note? The ADA clearly distinguishes alcohol from illegal drugs. While you are only protected by the ADA if you’re a person in recovery who is no longer using illegal drugs, alcohol addiction is a legally protected disability whether it is in your past or present.[2]
Section 504 of the Rehabilitation Act
Section 504 is a key section of the Rehabilitation Act of 1973. This section specifically protects people with disabilities from discrimination in programs and activities that receive federal funding.[3] People with drug addiction and alcoholism, as well as other forms of mental illness, are protected under section 504. Again, it does not protect active use.
Can you get disability benefits for addiction?
Now, for the next question a lot of people with substance use disorders and their families have: Is addiction a disability for Social Security? Can you get disability for addiction? The simple answer is “No.” It’s still a little more nuanced than that.
You can’t get SSDI or SSI for addiction alone. However, this doesn’t mean that people with substance use disorders can’t qualify for benefits. You may qualify based on impairments resulting from substance use (e.g., cognitive impairments, liver problems) or co-occurring disabilities and conditions. If a health problem that causes physical or mental limitations was caused by substance abuse continues even when you are sober, you can get disability benefits. Once again, you cannot be using drugs actively.
Substance use disorders are more common in people affected by disabilities and mental health conditions. Even if you can’t get benefits for addiction alone, you may be able to get SSDI or SSI based on these diagnoses. We acknowledge that co-occurring conditions can affect your quality of life and functioning. Our integrated treatment programs are designed to help people who experience both addiction and co-occurring disorders.
Notably, state programs differ. Contact the Social Security Administration (SSA) or a benefits attorney to find out whether you qualify or to get help with issues such as denied disability claims. Most people, unfortunately, get denied for disability benefits the first time. It is, unfortunately, very common to have to apply again to get approved. In this case, the SSA may require additional information to approve your benefits.
Can I Be Fired for Going to Rehab? Your Rights When Seeking Treatment
No. You can’t be fired for entering a recovery program. In fact, treatment can decrease your risk of future repercussions like job loss. While people have many fears about seeking help, it is a positive step. The law recognizes this by protecting people who get help. If you have concerns about paying for rehab, there are resources that can help you cover the cost of addiction treatment. FMLA may even help cover treatment leave.
Sanford Behavioral Health provides addiction and mental health treatment in Michigan. Offering a full continuum of care, we have a range of treatment options for drug and alcohol abuse. This makes it possible for people to get the care they need, whether it’s an inpatient program or an intensive outpatient program that allows them to work while in treatment.
FAQs
Is addiction classed as a disability?
Yes. Although legal protections and benefits vary, addiction is classed as a legal disability under the ADA.
Are recovering addicts protected under the ADA?
Yes. If you’re recovering from addiction, you are protected under the ADA as long as you are not actively using at this time. People who currently use illegal drugs are not protected by the ADA.
Can you get SSDI for addiction?
No. You can’t get SSDI for addiction unless you have impairments that would remain even if you were to stop using substances. Drug and alcohol use can cause many health problems, in which case, a person could get SSDI once they are sober if these problems remain and are considered disabling by the SSA.
Is alcoholism a disability?
Yes. Although you cannot qualify for disability benefits for alcoholism alone, it is very much recognized as a disability. Alcohol addiction treatment can help people avoid new or worsened repercussions of alcohol use.
Will I lose benefits if I go to rehab?
In most cases, no. Going to rehab doesn’t disqualify a person from getting disability benefits. In some cases, benefits may be withheld or suspended if they could cause additional harm to you.[4] This is applicable to those engaging in active use. Since people seeking help for addiction are protected by law, going to rehab could actually save your ability to get benefits.
Get Support for Addiction at Sanford Behavioral Health – Your Rights and Privacy are Protected
Disability laws protect people who seek treatment and are not actively using. Getting treatment is something to be proud of. Contact Sanford Behavioral Health to learn more about how we can help. Call our confidential admissions line at (616) 202-3326, available 24/7.
Sources
[1] The Americans with Disabilities Act, addiction, and recovery – PMC. (2024, March 25). https://pmc.ncbi.nlm.nih.gov/articles/PMC10961953/
[2] The ADA, addiction, recovery, and Employment | ADA National Network. (n.d.). https://adata.org/factsheet/ada-addiction-recovery-and-employment
[3] Section 504 of the Rehabilitation Act. (n.d.). https://www.hhs.gov/sites/default/files/ocr/civilrights/resources/factsheets/504.pdf
[4] Code of Federal Regulations § 416.611. (n.d.). https://www.ssa.gov/OP_Home/cfr20/416/416-0611.htm
