Background

On November 14, 1997, OHA issued Temporary Instruction (TI) 5-314, Supplement A to provide procedures for implementing section 105 of Public Law (Pub. L.) 104-121, which contains provisions affecting the payment of title II and title XVI benefits to individuals who are disabled and for whom drug addiction and/or alcoholism (DAA) is a contributing factor material to the determination of disability.

Explanation of Content and Changes

We have revised section V. D. of the TI (page 8) to clarify the first example of when DAA is not material. The example states that DAA is not material when the claimant “has an impairment that meets or equals a listing”. The example should indicate that DAA is not material when the claimant has another non-DAA impairment that meets or equals a listing. This revision is to clarify that DAA is not material when the claimant has another impairment(s) that, by itself is disabling (e.g., meets a listing) and none of the limitations resulting from it are caused or increased by drug or alcohol use.

Remove

Pages 7 and 8 of TI 5-314, Supplement A (2 pages)

Insert

Pages 7 and 8 of TI 5-314, Supplement A (revised), dated August 24, 2000 (2 pages)

Date: August 24, 2000