Tuesday, April 14, 2009

Drug addiction and alcoholism - US welfare provision

The following is a little dry but provides a recent history of how the US provides for people who are substance abusers. SSI means Social Security Insurance. It is a mile from New Zealand's approach;


c. Drug Addiction and Alcoholism (DA&A)

1972

Public Law 92-603, enacted October 30

Any disabled individual who has been medically determined to be an alcoholic or drug addict must accept appropriate treatment, if available, in an approved facility and demonstrate compliance with conditions and requirements for treatment.

SSI payments are required to be made through a representative payee—another person or public or private agency designated by SSA to manage the recipient's benefit on his/her behalf.

1994

Public Law 103-296, enacted August 15

Any individual who is receiving SSI based on a disability where drug addiction or alcoholism is a contributing factor material to the finding of disability must comply with the DA&A treatment requirements. The individual must accept appropriate treatment when it is available and comply with the conditions and terms of treatment. Instances of noncompliance with the requirements result in progressively longer payment suspensions. Before payments can resume, the individual must demonstrate compliance for specific periods; 2 months, 3 months, and 6 months, respectively, for the first, second, third and subsequent instances of noncompliance. An individual who is not in compliance with the DA&A treatment requirements for 12 consecutive months shall not be eligible for payments; however, this does not prevent such individuals from reapplying and again becoming eligible for payments.

SSI disability payments based on DA&A are also limited to a total of 36 benefit months (beginning March 1995) regardless of whether appropriate treatment is available. Months for which benefits are not due and received do not count towards the 36-month limit.

Payments based on DA&A must be made to a representative payee. Preference is required to be given to community based nonprofit social service agencies and Federal, State, or local government agencies in representative payee selection. These agencies when serving as payees for individuals receiving payments based on DA&A may retain the lesser of 10 percent of the monthly benefit or $50 (adjusted annually after 1995 by the Consumer Price Index (CPI)) as compensation for their services.

Establishment of one or more referral and monitoring agencies for each State is required.

1996

Public Law 104-121, enacted March 29

An individual is not considered disabled if DA&A is a contributing factor material to a finding of disability.

Applies DA&A representative payee requirements enacted under Public Law 103-296 to disabled SSI recipients who have a DA&A condition and are incapable of managing their benefits. In addition, these recipients shall be referred to the appropriate State agency administering the State plan for substance abuse treatment.


After the last law change the claimant numbers were cut by half - from around 200,000 to 100,000. Obviously there will be people who have a DA&A condition who will still receive assistance because it isn't the prime contributing factor. For example, I imagine a war veteran amputee with a drug habit would still qualify as disabled.

The US approach is basic. The philosophy is very simple. If you want help from your fellow citizens, you have to be prepared to help yourself.

4 comments:

Oswald Bastable said...

Our recent drug testing at work led to ONE person taking the offer of fully-paid rehab.

The rest (7 or so)elected not to sign the agreement as there weed was more important than their jobs.

Hope they get the full 13 week stand-down!

Anonymous said...

Hope they get the full 13 week stand-down!
Isn't it back up to 26 weeks? or 52?

If not why not.

Although, really, people who resign in this circumstance should simply be ineligible for all benefits in perpetuity

Imee said...

Substance users are difficult to talk to when it comes to accepting "appropriate treatment," but I really do get why that's been made a law. Besides, if they're given SSI payments, not to be cynical but it's most likely it will fund their substance abuse even more. These payments are meant to help people anyway, and not to aid the problem.

Lindsay Mitchell said...

Imee, The requirement for a representative payee is to prevent the payment funding their abuse.