Subject: Administrative Law Judge Decisions
In accordance with Social Security Ruling 82-60, OHA procedures require that whenever drug addiction or alcoholism (DA/A) is involved in a favorable title XVI disability decision, the Administrative Law Judge (ALJ) must make a determination whether DA/A was a contributing factor material to the finding of disability. It has long been OHA policy to include a special decisional paragraph to document this determination. We are revising HALLEX to clarify OHA procedures. This will ensure consistency and avoid problems in effectuating favorable title XVI decisions involving DA/A.
This transmittal revises appropriate sections in this chapter to specify that in favorable title XVI disability cases involving DA/A, the ALJ must determine whether DA/A is a contributing factor material to the finding of disability, and if so, the ALJ must find that the claimant is a medically determined drug addict or alcoholic. In the decision, the ALJ must address the DA/A issue in the rationale and the findings, and include the DA/A decisional language that deals with treatment and representative payee provisions.
Remove from Chapter I-2-800:
I-2-812 cont., and I-2-815 A. 1. b. cont., dated November 3, 1992 (2 pages); and
I-2-818 C. cont., dated May 5, 1991; I-2-818 C. 2. cont., through I-2-825 B. cont., dated October 30, 1990 and I-2-825 C. 2. cont. through I-2-830 cont., dated September 15, 1991 (6 pages).
Insert in Chapter I-2-800:
I-2-812 cont., through I-2-815, dated April 9, 1993 (3 pages); and
I-2-818 C. cont., through I-2-825 D. cont., dated April 9, 1993 (5 pages).
Date: April 9, 1993