Detox Near Me Logo

Can I Use Disability For Detox Services?

If you have substance use disorder (SUD), change can seem difficult. Treatment can help you start a healthier life, and drug detox is the first step. In a detox facility, you will taper off substance use in a controlled environment. Doctors, nurses, and mental health professionals will monitor you closely as you withdraw. When you are ready, you will move on to a drug rehab.

As you prepare for a drug detox, you may worry about your employment. Will your employer fire you for taking a leave of absence? Can you be paid for this time? The answer is complicated. Let’s examine the three biggest legal protections available to you, and help you understand your rights and ways to remain financially secure throughout the process.

Can I Use Disability for Detox Services?

Disability laws can help you receive detox services.

The Family and Medical Leave Act of 1993

Family and Medical Leave Act (FMLA) is a legal protection that applies to people seeking care for serious illnesses. Under FMLA, you can leave your workplace for up to 12 workweeks in a calendar year. During this time, you retain your medical insurance. After your time away, you will return to the same job or a nearly identical position. This protection helps those with disabilities that require treatment. 

One major problem you might run into is that your SUD must be considered serious enough to be covered. FMLA does not address minor health issues, so you may run into problems if your employer questions the severity of your condition.

A second major problem with FMLA is that you must have worked 1,250 hours with the company in the past 12 months prior to taking leave. This averages out to approximately 25 hours a week working 5 days a week for a full 12 months. Paid time off does not count into this time. Additionally, you must have collectively worked 12 months with the employer. If you have worked less than 1,250 hours or 12 months, you receive no guaranteed protections.

The Americans With Disabilities Act of 1990

The Americans With Disabilities Act (ADA) protects people with disabilities from many discriminatory practices. It protects them in hiring, work environments, and employee accommodations. If you live with a disability, employers cannot fire you based on your disability. They cannot dismiss you if you need time off for medical appointments or treatment. They cannot provide information about your disability to other employees. 

The ADA does have limitations, and it is important to understand them. Firstly, you must have a persistent disability. Casual substance users do not qualify, so your SUD must be severe enough to be considered a disability. Ideally, this should be medically diagnosed and documented.

Secondly, the active use of illicit and addictive substances is not covered by the ADA. You can be fired if you are currently using illegal drugs. If you plan to attend detox for SUD that involves an illicit substance, it is safest not to disclose any information on the specifics of your addiction to your employer. Be aware that, legally, they have the right to randomly test you for illicit drugs.

Short-Term Disability Leave

Disability insurance is a system implemented to support people who cannot work for a short period. Though health insurance covers the cost of many detox services, people are not usually making an income while in treatment. This often creates instability and fear for those seeking recovery from SUD. You may be unable to focus on your detox and continuing recovery at a rehab or addiction center

 if you are experiencing constant anxiety.

Sadly, the anxiety, fear, and worry make sense: the thoughts of losing your home or leaving your family hungry could easily disrupt healing.

Luckily, short-term disability includes coverage for substance abuse if you can prove the following:

  • You have a diagnosable SUD
  • Your disorder directly impairs your ability to do your job
  • You are seeking treatment with licensed medical professionals

You will need comprehensive documentation to prove these facts to your disability insurance. Doctors and therapists can provide written statements confirming the diagnosis, severity of the condition, and treatment plan.

Additionally, it will help to prove longevity. If you have previously sought out treatment, these records will assist you in proving your case. If you have previously spoken with a medical professional about your substance abuse, they can verify this with the disability insurance company. Either of these options will show that you are not a casual substance user; you have a persistent mental illness.

An important note: If you are seeking short-term disability for your SUD, you must follow your treatment plan down to the smallest detail. Disability insurance may scrutinize everything you do in an attempt to save money. They frequently search for ways to deny coverage, and non-compliance provides a legal, easy way to dismiss your claim.

There are Unfortunately Many Barriers to Receiving Detox. DetoxNearMe.com Makes the Search Easier

When you're ready to start down the path to sobriety, DetoxNearMe.com can assist you in finding the best facility for your needs. We can place you locally, regionally, or nationally depending on your preference. Additionally, our staff is prepared to answer any questions you may have about the process. We're eager and willing to help you. Please reach out to DetoxNearMe.com today.

Featured Detox Centers

We Recommend

Too many options? Contact us now

Stay updated

> Send us your questions. We're available 24/7.

Related Blogs

Subscribe to get our best content in your inbox

Answered By Drug Treatment Advisors

Call Us 24/7

Contact Today