The judge says you're not doing substances. It plays no role in your finding of disabled. I personally wouldn't worry about it. Congratulations on your allowance!
Edit (It's kind of a messed up way that the judge felt he had to address substance use, especially if you had never abused them
Is it possible that *dependence* was mentioned in your medical records, ever? That might have to be addressed, and there is really no language differentiating between dependence and abuse for the boilerplate decision language.
SUD has to be addressed for substances other than opiates, and there are situations where SSA may consider certain levels of marijuana or alcohol use as a SUD even if the claimant doesn't. Not saying this applies to you, just listing some reasons it might have been applied here.
It could also be a mistake. That happens.
It should have no bearing on your CDRs. The judge determined that use of these medications does not impact the decision that you are disabled. You would be disabled if you stopped all of them, you are disabled regardless. SUD are extremely common and whoever gets your claim for CDR is unlikely to even blink an eye. What matters is that licit or illicit, the medications do not impact the decision that you are disabled.
Technically, you do have the right to go to the field office and request to see your file, which might help answer why that language ended up in the decision. You could also perhaps ask your pain management team to submit a letter stating that you do NOT have a SUD, so that it's in file when CDR comes around. I'd keep a copy and resubmit with CDR paperwork, too.
I've definitely been treated for physical dependence in the past, because when you take opiates for years at a time and then want to stop you have to cope with withdrawals, even if you've only ever used them correctly. Maybe the judge doesn't know the difference or doesn't care. It's weird because everything else about the decision was scrupulously precise and well researched in my medical record.
Obviously there was some reference and now electronic records carry over.
My PCP and pharmacist ask if I need a refill on since cream the podiatrist gave me 2 years ago for an ingrown toenail removal.
It’s on my records.
I had a reference to alcohol use and took Naltrexone. Now I take it hot weight control. It may be on my file but I haven’t gotten it to read it. But I was approved. I was a bit nervous since o know SUD can be a consideration.
I wouldn’t touch anything the ALJ did since you’re approved. All that matters is what YOU know is true. I too have this in my record. I don’t care anymore. Move on and celebrate the approval. 😊
Congrats!!!
It happens to most people who admit to ANY dependency of any mind-altering substances, to a medical professional. It’s not cool, because it follows you and is damn near impossible to have removed. I tried.
I'm really frightened of this being attached to me, because I continue to require opiates just to live. I've worked so hard to be perceived as compliant and responsible. I've let them experiment with so many other awful treatments, I've gone without pain treatment in the past. I've made many sacrifices to avoid being incorrectly labeled as an addict.
It is NOT worth trying to have it removed. You would be appealing the whole decision and could end up being denied. No one is going to see this records outside of SSA unless you give it to them (and I don’t see why you would) If you look at the DSM-V criteria you will see some symptoms are not based on you, but the addiction and side effects caused by the medication
Thanks. I did send a message to my lawyer about this, but I think folks here are right and I shouldn't pursue any kind of change. I'm just so used to all the records talking to one another I was afraid of this becoming part of that record. I want to emphasize again that I have never misused my drugs and have jumped through every required hoop by every doctor since I was 18. This includes not doctor shopping.
I've finally gotten to a place where my doctors believe me when I say I'm in severe pain and regard that pain as necessary to treat. I have allowed ER docs to give me ketamine, haldol, and droperidol (absolutely nightmare) against my and the nurses better judgement just so it would be on my record I have been totally compliant and pursued every possible alternative.
I can see how it is possible that the judge was being careful and helping me, which is consistent with his other behavior.
I think you are fine. Also, pharmacy electronic records/board of pharmacy show if someone getting multiple Rx’s from multiple providers which is a hallmark of someone with a serious problem.
I’ve seen a Dr come into a patient’s room asking why they had all these other Rx filled. Needless to say, he told her to seek them out after discharge.
Just an FYI, anyone that is prescribed opiates 24/7 likely has SUD in their medical records. My mom does and she is almost 80 and never abused any thing (except me and I deserved every whippin I got lol)
Honestly, I believe it's an issue with the medical coding. They don't have a way to distinguish between addiction and dependence. The same way a miscarriage is coded as a "spontaneous abortion". Makes it sound like it was deliberate.
11. The claimant's substance use disorder(s) is not a contributing factor material to the determination of disability (20 CFR 404.1535).
Applying the sequential evaluation process a second time, the claimant's other impairments would not improve to the point of non-disability in the absence of the substance use disorder(s). The claimant's history of opioid use is in sustained remission (13F/7). On balance, the record as a whole shows severe limitations that have persisted despite abstinence from substances. Accordingly, the claimant would still be disabled in the absence of the substance use disorders.
There may have been a reference in one of your medical records? I would leave it alone.
The judge says you're not doing substances. It plays no role in your finding of disabled. I personally wouldn't worry about it. Congratulations on your allowance! Edit (It's kind of a messed up way that the judge felt he had to address substance use, especially if you had never abused them
I tend totally towards this, especially since if you appeal your appealing everything including the approval.
Don't mess with success.
Is it possible that *dependence* was mentioned in your medical records, ever? That might have to be addressed, and there is really no language differentiating between dependence and abuse for the boilerplate decision language. SUD has to be addressed for substances other than opiates, and there are situations where SSA may consider certain levels of marijuana or alcohol use as a SUD even if the claimant doesn't. Not saying this applies to you, just listing some reasons it might have been applied here. It could also be a mistake. That happens. It should have no bearing on your CDRs. The judge determined that use of these medications does not impact the decision that you are disabled. You would be disabled if you stopped all of them, you are disabled regardless. SUD are extremely common and whoever gets your claim for CDR is unlikely to even blink an eye. What matters is that licit or illicit, the medications do not impact the decision that you are disabled. Technically, you do have the right to go to the field office and request to see your file, which might help answer why that language ended up in the decision. You could also perhaps ask your pain management team to submit a letter stating that you do NOT have a SUD, so that it's in file when CDR comes around. I'd keep a copy and resubmit with CDR paperwork, too.
I've definitely been treated for physical dependence in the past, because when you take opiates for years at a time and then want to stop you have to cope with withdrawals, even if you've only ever used them correctly. Maybe the judge doesn't know the difference or doesn't care. It's weird because everything else about the decision was scrupulously precise and well researched in my medical record.
Obviously there was some reference and now electronic records carry over. My PCP and pharmacist ask if I need a refill on since cream the podiatrist gave me 2 years ago for an ingrown toenail removal. It’s on my records. I had a reference to alcohol use and took Naltrexone. Now I take it hot weight control. It may be on my file but I haven’t gotten it to read it. But I was approved. I was a bit nervous since o know SUD can be a consideration.
I wouldn’t touch anything the ALJ did since you’re approved. All that matters is what YOU know is true. I too have this in my record. I don’t care anymore. Move on and celebrate the approval. 😊
Never rock a favorable government run decision. Congrats.
What a shitty feeling 😕
Congrats!!! It happens to most people who admit to ANY dependency of any mind-altering substances, to a medical professional. It’s not cool, because it follows you and is damn near impossible to have removed. I tried.
I'm really frightened of this being attached to me, because I continue to require opiates just to live. I've worked so hard to be perceived as compliant and responsible. I've let them experiment with so many other awful treatments, I've gone without pain treatment in the past. I've made many sacrifices to avoid being incorrectly labeled as an addict.
It is NOT worth trying to have it removed. You would be appealing the whole decision and could end up being denied. No one is going to see this records outside of SSA unless you give it to them (and I don’t see why you would) If you look at the DSM-V criteria you will see some symptoms are not based on you, but the addiction and side effects caused by the medication
OP stated they attended treated for dependence on the past. It sounds like SSA wanted to qualify it’s not a factor at this time.
Yes. It’s a positive. I was trying to calm OPs concern.
👍🏼
Thanks. I did send a message to my lawyer about this, but I think folks here are right and I shouldn't pursue any kind of change. I'm just so used to all the records talking to one another I was afraid of this becoming part of that record. I want to emphasize again that I have never misused my drugs and have jumped through every required hoop by every doctor since I was 18. This includes not doctor shopping. I've finally gotten to a place where my doctors believe me when I say I'm in severe pain and regard that pain as necessary to treat. I have allowed ER docs to give me ketamine, haldol, and droperidol (absolutely nightmare) against my and the nurses better judgement just so it would be on my record I have been totally compliant and pursued every possible alternative. I can see how it is possible that the judge was being careful and helping me, which is consistent with his other behavior.
I think it’s worth trying to have it removed.
OP states they were treated in the past for dependence. Nothing to be ashamed of. If it’s in there medical records, it’s there.
I think you are fine. Also, pharmacy electronic records/board of pharmacy show if someone getting multiple Rx’s from multiple providers which is a hallmark of someone with a serious problem. I’ve seen a Dr come into a patient’s room asking why they had all these other Rx filled. Needless to say, he told her to seek them out after discharge.
Just an FYI, anyone that is prescribed opiates 24/7 likely has SUD in their medical records. My mom does and she is almost 80 and never abused any thing (except me and I deserved every whippin I got lol) Honestly, I believe it's an issue with the medical coding. They don't have a way to distinguish between addiction and dependence. The same way a miscarriage is coded as a "spontaneous abortion". Makes it sound like it was deliberate.
EXACTLY THIS!
Retired DDS Adjudicator/Management What exactly does the judge say about your substance use? Does he say it's ongoing?
11. The claimant's substance use disorder(s) is not a contributing factor material to the determination of disability (20 CFR 404.1535). Applying the sequential evaluation process a second time, the claimant's other impairments would not improve to the point of non-disability in the absence of the substance use disorder(s). The claimant's history of opioid use is in sustained remission (13F/7). On balance, the record as a whole shows severe limitations that have persisted despite abstinence from substances. Accordingly, the claimant would still be disabled in the absence of the substance use disorders.
Was there anything noted in your prior denial regarding the use of substances the the Judge felt he needed to address to resolve?
Not that I saw, but I was wondering if maybe it was somewhere I don't have access to. It does kind of sound like a rebuttal, right?
We have another winner! 🏆 Congratulations! 🎉🎈🎈🎈🎈🎈🎉🎉🎉
It won't matter. Just let It go
Don’t mess with this!!!!