Background

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 Appeals Council 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.

Explanation of Content and Changes

This transmittal revises section I-4-385 C., D. and E., to specify that in favorable title XVI disability cases involving DA/A, the Appeals Council must determine whether DA/A is a contributing factor material to the finding of disability, and if so, the Appeals Council must find that the claimant is a medically determined drug addict or alcoholic. In its decision, the Appeals Council 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

Remove from Chapter I-4-300:

I-4-385 B. cont., and I-4-385 E. cont., dated September 15, 1991 (2 pages).

Insert

Insert in Chapter I-4-300:

I-4-385 B. cont., through I-4-385 E. cont., dated April 9, 1992 (3 pages).

Date: April 9, 1993