Marijuana use while applying for Social Security Disability

People use marijuana for a variety of reasons. Some people use it to help calm their nerves, others to help with pain, others for recreational use. Whatever its alleged benefits are, marijuana use may affect your social security disability claim. In ths US over 20 million people use marijuana. 18 states have legalized recreational marijuana and 39 states have legalized medical marijuana. 

Medical marijuana prescriptions are becoming more routine. Many pain management providers are opting out of prescribing pain medications and steering their patients towards more holistic pain management including medical marijuana.

First, it’s important to remember that though marijuana may be legal in your state, it remains illegal at the federal level, which is where all disability claims are handled. While the Social Security Administration hasn’t explicitly addressed the use of recreational (or even medical) marijuana by claimants, there is a longstanding policy to deny claims when drug or alcohol use is a “material factor” in the claim.

If Social Security notes you have a history of drug or alcohol use they will have to look into your consumption more in-depth. When reviewing your disability claim, Social Security will need to determine if your marijuana use is material to your claim or not. Meaning, is your condition worsened by your drug use, or would it still persist if you abstained from all drugs and alcohol? In terms of consuming illegal drugs, Social Security will generally have a negative bias towards your case. SSA will not only determine materiality but will also use illegal drug use as a way to discredit your testimony. But if your drug consumption is prescribed by your treating doctor that is a different story.

While using medical marijuana may carry some negative bias, in general, that bias can be overcome through legitimacy. If you are suffering from extreme pain or anxiety and your doctor has prescribed you marijuana as a form of treatment then Social Security should not find your use as material to your condition.

While using medical marijuana may carry some negative bias, in general, that bias can be overcome through legitimacy. If you are suffering from extreme pain or anxiety and your doctor has prescribed you marijuana as a form of treatment then Social Security should not find your use as material to your condition.

It is logical to think that if your doctor is prescribing marijuana to treat your conditions then your condition is obviously not worsened by that use. Thus, a finding of materiality cannot be found. The other potential problem with drug use is how it will affect your credibility. I find the best way to restore your credibility in anyone’s eyes is to have the prescription well documented by a medical doctor, someone with an MD after their name. The best scenario would include not only a prescription but also a written statement from your doctor explaining why the use of medical marijuana is required.

If you need helping applying for Social Security Disability or SSI, please contact me at joshben99@gmail.com. I have over 20 years experience with Social Security Disability cases.

Location: United States

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