Last Updated on October 16, 2017 by Deborah L. Hardin
Question: Will using Medical Marijuana hurt or help my claim for Disability Benefits?
Answer: Medical marijuana isn’t likely to help your claim. But, don’t give up, yet. Read on.
Let’s face it, many people who qualify to use medical marijuana in Arkansas are clearly struggling with their mental and/or physical health. How might this course of treatment affect a claim for disability benefits?
First, consider how Social Security views the use and abuse of marijuana, alcohol, street drugs, and even prescription drugs:
“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.” 20 CFR 416.935
The SSA judge will decide whether the use or abuse of these substances is making your disability worse.
In other words, would you function better if you did not use marijuana? Many marijuana patients would laugh at this question! If you are using medical marijuana for one of the accepted conditions, then it probably HELPS your symptoms and reduces your limitations, rather than making them worse.
Some judges may not see marijuana use as medicine.
Many judges point out the use of marijuana, alcohol, and street drugs in their denial opinions. This happens even if the claimant was using these substances to “ease their symptoms” rather than for recreational use.
Even though medical marijuana is legalized in Arkansas for some patients, the safest bet is probably to avoid using it while going through the process of trying to obtain benefits. This is not a realistic option for many claimants.
If you MUST use medical marijuana to manage your symptoms, consider getting something in writing from your doctor. “Certification” that you have a qualifying condition is probably not sufficient. Ask your doctor to write a letter (and note in your medical records) that the benefits of this course of treatment outweigh any risks, and that your symptoms and limitations would be worse and less manageable without the use of medical marijuana.
Having a letter like this from your doctor is not a guarantee that you will receive benefits from Social Security, but it might help your claim get past the “substance abuse” policy.
Please note – the recommendations included here are my opinion, only. Now that medical marijuana is legal for certain patients in Arkansas, we are waiting to see how SSA actually will handle these claims.
Best wishes on your claim for benefits!
Deborah L. Hardin, Managing Attorney
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DISCLAIMER: The information contained in this web site is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship.
