Medical Marijuana and Social Security Disability

Asked 10 months ago - Boulder, MT

The Social Security Dr. that examined me asked if I'd ever used marijuana to help relieve my pain. I said I had in the past. He told me he could help me get a M.M. card. He also gave me a list of providers to contact.Could this go against my claim since he works for the S.S.A.

Attorney answers (3)

  1. Mikel Edward Lupisella

    Contributor Level 14

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    Answered . In my opinion, having a medical marijuana card does not defy whether or not SSA finds that you meet the definition of disability under their rules.
    Also, the doctor that examined you does not have the final say on whether you are approved or not. Their report goes back to SSA/DDS for a decision from a SDM or MD.

    Could you get a SDM or MD that reviews your case for eligibility that looks at that, sure.

    If you get denied, file an appeal within 65 days from the date stamped on the denial. If you miss the appeal period you have to start over.

    Could you then get a Judge that doesn't like the medical marijuana card concept, sure.

    But whether you have one or not should not be the deciding factor in whether you are disabled under their rules or not.

    I would suggest that if you are denied, seek the representation of a local social security attorney so that you are properly represented at the hearing and present your case properly to the ALJ.

  2. D K Kevin Dugan

    Contributor Level 17

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    Answered . Wow, the dr should not be trying to do business with you while he is examining you for SSA. There is a conflict of interest here. If you are denied, make sure your attorney knows what occurred, and it could be a basis for challenging the drs examination if it is unfavorable to you.

    The information you obtain from this website is not legal advice.
  3. Judy Greenbaum Croy

    Contributor Level 12

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    Answered . This conversation should not go against you, but this is a controversial topic and some judges might be sensitive to it and all things being equal rule the other way. You should be sure and get an attorney for your hearing so they can present your facts in the most beneficial way.

    Any answers provided to questions are for general information only and do not establish an attorney-client... more

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