20 C.F.R. § 404.1535

How we will determine whether your drug addiction or alcoholism is a contributing factor material to the determination of disability

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(a) General. If we find that you are disabled and have medical evidence of your drug addiction or alcoholism, we must determine whether your drug addiction or alcoholism is a contributing factor material to the determination of disability.

(b) Process we will follow when we have medical evidence of your drug addiction or alcoholism. (1) The key factor we will examine in determining whether drug addiction or alcoholism is a contributing factor material to the determination of disability is whether we would still find you disabled if you stopped using drugs or alcohol.

(2) In making this determination, we will evaluate which of your current physical and mental limitations, upon which we based our current disability determination, would remain if you stopped using drugs or alcohol and then determine whether any or all of your remaining limitations would be disabling.

(i) If we determine that your remaining limitations would not be disabling, we will find that your drug addiction or alcoholism is a contributing factor material to the determination of disability.

(ii) If we determine that your remaining limitations are disabling, you are disabled independent of your drug addiction or alcoholism and we will find that your drug addiction or alcoholism is not a contributing factor material to the determination of disability.

[60 FR 8147, Feb. 10, 1995]

Notes of Decisions

Cited in 444 cases (202 in the last 5 years), 1971–2026 · leading case: Joseph Bustamante v. Larry G. Massanari, Acting Commissioner of the Social Security Administration

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Joseph Bustamante v. Larry G. Massanari, Acting Commissioner of the Social Security Administration (2001) ca9 · cites it 7× “The SSA’s implementing regulations specify: “If we find that you are disabled and have medical evidence of your drug addiction or alcoholism, we must determine whether your drug addiction or alcoholism is a contributing factor material to the determination of disability.”

Stephen E. Brueggemann v. Jo Anne B. Barnhart, Commissioner of Social Security (2003) ca8 · cites it 7× “Procedures for Alcohol-Related Claims Since certain 1996 amendments to the Social Security Act, if alcohol or drug abuse comprises a contributing factor material to the determination of disability, the claimant’s application must be denied.”

Christina M. Sanchez v. Commissioner of Social Security (2013) ca11 · cites it 5× “” 20 C.F.R. §§ 404.1535 (a), 416.935(a). The key factor in this inquiry is whether the claimant would still qualify as disabled if she stopped using drugs or alcohol.”

Charles Gayheart v. Commissioner of Social Security (2013) ca6 · cites it 2× “20 C.F.R. § 404.1535 . Substance abuse is not considered until the Commissioner first makes a finding that a claimant is disabled.”

Hudson-Kane v. Berryhill (2017) tnmd · cites it 4× “However, such a finding is improper without first evaluating a claimant’s drug addiction pursuant to the relevant regulation, 20 C.F.R. § 404.1535 . 7 See Williams v. Barnhart, 338 F.”

James Ball v. Larry G. Massanari , Acting Commissioner of the Social Security Administration (2001) ca9 · cites it 4× “Ball also argues that the ALJ failed to conduct the materiality analysis of his alcoholism required by 20 C.F.R. § 404.1535 , which sets forth guidelines for determining whether a claimant’s drug addiction or alcoholism is a “contributing factor material to the determination of…”

Whitney v. Astrue (2012) ilnd · cites it 3× “57-58; see 20 C.F.R. § 404.1535 . He concluded that if Whitney “stopped her substance abuse, her remaining limitations would not cause more than a minimal impact on her ability to perform basic work activities.”

Cathleen Parra v. Michael J. Astrue, Commissioner of the Social Security Administration (2007) ca9 “20 C.F.R. § 404.1535 (b). If the remaining limitations would still be disabling, then the claimant’s drug addiction or alcoholism is not a contributing factor material to his disability.”

Tina Kangail v. Jo Anne B. Barnhart, Commissioner of Social Security (2006) ca7 · cites it 2× “When an applicant for disability benefits both has a potentially disabling illness and is a substance abuser, the issue for the administrative law judge is whether, were the applicant not a substance abuser, she would still be disabled.”

Hernandez v. Astrue (2011) nyed · cites it 4× “20 C.F.R. §§ 404.1535 (b)(1); 416. 935(b)(1).”

Sizemore v. Berryhill (2017) ca4 “” 20 C.F.R. § 404.1535 (b)(1). And with respect to a failure to take medications, another regulation provides that, “[i]n order to get benefits, you must follow treatment prescribed by your medical source(s) if this treatment is expected to restore your ability to work.”

Frankhauser v. Barnhart (2005) nywd · cites it 4× “” See also 20 C.F.R. §§ 404.1535 (a) (“If we find that you are disabled and have medical evidence of your drug addiction or alcoholism, we must determine whether your drug addiction or alcoholism is a contributing factor material to the determination of disability.”

Show all 444 citing cases →

— 20 C.F.R. § 404.1535(a) — 4 cases

Armin Bender v. Andrew Saul (2019) ca9

Key v. Kijakazi (CONSENT) (2022) almd

Loper v. Commissioner of Social Security (2025) ohsd

Heather B. v. Commissioner of Social Security (2026) ohsd

— 20 C.F.R. § 404.1535(b) — 2 cases

Schotthoefer v. Commissioner Social Security Administration (2021) ord

Lovely v. SSA (2000) nhd

— 20 C.F.R. § 404.1535(b)(1) — 2 cases

Blessing v. Colvin (2013) nynd

James A. v. Frank Bisignano, Commissioner of Social Security (2026) ohsd

— 20 C.F.R. § 404.1535(b)(2)(i) — 2 cases

Kelly v. Commissioner of Social Security (2020) nyed

Malcolm v. Commissioner of Social Security (2022) nynd

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