If you or someone you love struggles with substance use, you may be worried about how it’s affecting their job or how caring for someone in recovery could impact your ability to work. Maybe you’re thinking about entering residential treatment in Pennsylvania, but fear you’ll jeopardize your income.
These are deeply personal and stressful situations, and it’s important to know that under some conditions, substance use disorder (SUD) may be considered a disability. In other cases, it isn’t. This can impact your legal rights and protections at work and affect how a governing agency interprets a possible disability application.
Keep reading to learn more and, if you have questions or need support, St. Joseph Institute in Port Matilda, PA, is here to help.
What To Understand About Substance Use Disorder in the Workplace
While St. Joseph Institute does not provide legal advice, the following information is available to the public and can help you or your loved one understand workplace rights and limitations.
If you’re dealing with substance use and worried about your job, here are some key considerations to keep in mind:
- You may not be protected under the Americans with Disability Act (ADA). If you’re currently using illegal substances, employers may choose to deny or terminate your employment based on your current use.
- You could be protected if you are in recovery. The ADA may protect people who have a history of drug use but are no longer using, or who are actively participating in a treatment program and not currently using.
- Employers can prohibit alcohol and drug use at work. Companies have a right to enforce drug-free policies, drug testing, and rules around workplace safety, even if you’re in recovery.
- Past casual drug use typically isn’t considered a disability. Usually, only people whose past drug use involved dependence or substance use disorder may qualify as having a substantially limiting issue.
- You may not be able to avoid workplace discipline after breaking company policy. Even if you enroll in treatment after testing positive at a workplace drug screening, courts often still consider you a current user, and protections may not apply. Treatment may help, but it doesn’t guarantee ADA protection or necessarily protect you from being let go.
- Performance expectations still apply. Even if you’re in recovery or have a past history of substance use, you’re often still expected to meet the same job standards as other employees.
Understanding these points can help you make decisions around recovery and work without false expectations. If you’re unsure about your rights, connecting with a legal resource is one of your best bets.
Tips for Presenting an SUD Disability Case
Some people apply for disability because their SUD connects to other conditions like PTSD, schizophrenia, or major depression. With the right documentation and support, you may be eligible for disability even while navigating substance use. The goal of your case wouldn’t be to prove an illness you don’t have, but rather to show that you would still be struggling even if you stopped using.
If you’re thinking about going this route, there are a few co-occurring diagnoses aspects to understand:
- Your benefits eligibility doesn’t depend on being totally sober. You may still qualify for benefits if your other conditions would be disabling even without substance use.
- Substance use has to be considered material. Material means that you would still struggle with some kind of disability even if you didn’t have a substance issue. So, if your substance use is a major reason you can’t function, any potential disability application might be denied. But if your challenges are still there even in recovery, you may have a case.
- Don’t hide your history. DDS (Disability Determination Services) will look at your records, so it’s better to explain your use honestly in any medical summaries or reports.
- Show how symptoms continue even during sobriety. If you’ve had substance-free periods in treatment, jail, or the hospital, and still struggled with mental health symptoms, that’s important evidence.
- Highlight co-occurring disorders. If you live with both mental illness and SUD, explain how the two interact. Many people use substances to cope with trauma or other mental health issues.
- Clarify the context of your use. Details like drinking to silence intrusive thoughts or smoking to forget grief could help show the bigger picture to caseworkers. You’re not just listing substances. You’re telling your story.
Find Help for Substances in Port Matilda
No matter how a relevant agency views your disability case, St. Joseph Institute in Port Matilda, PA, offers support that meets you where you are. We provide inpatient and intensive outpatient programs in Wexford, family guidance, and resources to help you take the next step. Contact us anytime to learn more.
