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LawTalk, Attorney
Category: Social Security
Satisfied Customers: 28001
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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In MA, I am receiving SS Disability benefits for my condition,

Resolved Question:

In MA, I am receiving SS Disability benefits for my condition, Meralgia Parasthetica. It is a nerve degenerating disability which causes chronic pain. I am on a host of prescription drugs, including anti-psychotics and anti-depressants for my depression. I have an upcoming appointment with a MA-licensed physician, which I must bring my Medical Records. However, my question is with the application's question regarding; "Do you currently receive SS Disability Benefits. Does being approved for Medical Marijuana affect my SS Disability Benefit? Please, I'm looking for answers. Thank you, Ivy
Submitted: 1 year ago.
Category: Social Security
Expert:  LawTalk replied 1 year ago.


Good morning Ivy,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

Being approved for the use of medical marijuana does not prevent you from qualifying for social security disability so long as your disability itself is not classified as drug addiction, to the marijuana---which based on your facts it clearly is not.
Here is an article which deals with drug use and how that relates to SSDI qualification:

http://www.socialsecurityinsider.com/2012/11/medical-marijuana-and-social-security-disability/

The simple fact is that you are not prescribed marijuana yet, and you are clearly disabled, and therefore the use of marijuana in the future will not be said to be a “contributing factor material to the determination of disability,” and so there is no risk to your continuing SSDI eligibility if you are prescribed medical marijuana.

Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.


I wish you the best in your future.

Doug




Customer: replied 1 year ago.

Hi Doug, thank you for your advice. I have read the "LINKED" article directing me to the SSDI. Unfortunately it does not answer my question completely. I have been found to be disabled since 2006, at which time I began to receive SSDI benefits. Since then, having undergone at least 5 surgeries and countless PT's, I have found barely any relief of pain. With regard to the application process provided by the Physician I am going to see at the end of the month, a question asks if I have used marijuana, to which I must honestly respond affirmative. It doesn't ask when, why, how obtained (obviously illegally, since I currently do not have a MA Certification to actually use marijuana. How am I to respond honestly to these questions and those asked of me from this "new" Dr., especially if he/she isn't well-versed on Meralgia Parasthetica? I am seriously afraid of losing my SSDI benefits, however I cannot live my life confined on my sofa in serious & chronic pain much longer! Please, help guide/advise me on what to do. Thank you, Ivy

Expert:  LawTalk replied 1 year ago.

Good morning Ivy,

You really must answer the questions honestly. Again however, even your illicit use of marijuana without a prescription will NOT disqualify you for SSDI benefits so long as the use of the marijuana is not found to be a primary basis of your disability in the first place.

You are disabled not because of drug use---be it prescribed or otherwise---you are disabled by the disease afflicting you, Meralgia Parasthetica.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,

Doug

LawTalk, Attorney
Category: Social Security
Satisfied Customers: 28001
Experience: I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
LawTalk and other Social Security Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.
Thank you for your positive rating of my service, Ivy. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise. I am generally available at least 6 days a week, and often 7, and it would be my privilege to assist you again in the future.

I welcome you to request my assistance in any future legal questions you may have, by simply placing my name in the first sentence of your new question.


Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It would be tremendously appreciated.
Customer: replied 1 year ago.

Doug, thank you so much. I am so afraid of losing the only income I, personally, receive. I worked in high capacity position for a Boston HR firm for about 8 years prior to becoming disabled. Earning over $50k annually. Now, I earn not nearly my previous salary, but worse... my livelihood has been impacted greatly. My marriage has suffered, my mental capacity has been impacted from the prescription medications and overall chronic pain and disability of my condition has taken a toll on me and my family. I am pleased and grateful for your advice and will answer all questions honestly & directly as I can. Thank you & God Bless. Ivy

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