SSDI and cannabis use?

Discussion in 'Legal' started by Stomper420, Oct 5, 2010.

  1. Stomper420

    Stomper420 Registered+

    Any body ever encounter a problem while appling for SSDI while useing MMJ? I have a lic, and my lawer said to get a scrip but Im sure he dont know everything. Just wondering if anybody else ran into this before?

    My Dr wont give me any more of my pain meds till I pee clean so I have to make a dicision now...Sucks huh?
  2. snoorton

    snoorton Registered

    I filed for ssdi 2 months ago,.
    a pea test was done at a psych clinic that my nuerologist sent me to,. the nurse there said the results would not leave that clinic,. today, at my hyper tension doctor,.
    on the computer screen, were results of the pea test,. showing MJ.
    this info,. now , seems to be everywhere, and SS will get it soon,.
    during my ssdi ce exam, I was asked if I ever smoked mj, I said yes,. a few times,.
    now they will know,.
    from what I can find out, I may in for trouble,.
    any advice appreciated,.
    Last edited: Nov 10, 2010
  3. leadmagnet

    leadmagnet Banned

    Who did this to you, Mohave Mental Health in Kingman?
  4. snoorton

    snoorton Registered

    yes,. mohave mental clinic,bullhead city. if I knew this was going to happen I would have walked out of that place,.
  5. gypski

    gypski Registered+

    Chill. I know someone who had an SSI hearing and mmj came up. A neighbor ratted them out, and it was in their medical medical records. They still got approved for SSI. Your biggest threat will be the GOP trying to cut people off. :thumbsup:
  6. LetsSeeYa

    LetsSeeYa Registered+

    If your talking about Social Security Disability Income, then dont worry. They will only be concerned about your disability. They want proof you cant work, or attend college or a Training program. Smoking MMJ is not anything that has to do with you being able to work. I have done this work for 9 years and never heard of anyone not get it because of any drug in them. But if you are young they will turn you down the first time, they want you to give up. So you appeal it and keep doing so till ya get it. Age has a lot to do with it, but they dont drug test ya. And if they gave you anything in writing about keeping your records from leaving their office, you could sue for divulging your medical records without your permission. Id check into it, but the weed, no biggie.:thumbsup:

    Good luck bro:Rasta:
  7. Stomper420

    Stomper420 Registered+

    Cool, thanks. I won the fight with my Dr. I told her that its the only thing I have left that I truley enjoy. Plus it helps me. Your pills just make me sick and smoking dont so can we just drop it? She says, OK, because you have a script and so many are doing it we will forget about that...WHEEEW:thumbsup:

    I love Cali:hippy:
  8. kvSCstoned

    kvSCstoned Registered

    In Santa Cruz I had no problem getting on SSDI first try with a medical marijuana recommendation.. Even listed it on application as current med.
  9. Stomper420

    Stomper420 Registered+

    Great, thanks for the input. Im on my 3rd appeal. SS doesnt try real hard to get my records so Ive had to do all the leg work. Now I am about to go in front of a judge and my lawer says Im at 75% good.
  10. jamessr

    jamessr Registered+

    It is your case to prove you are disabled per SSA requirements, as it is "your" federal medical insurance your requesting be dispensed to you before it's maturity. If your lawyer didn't send for all your medical records as part of his that idiot.

    People do get turned down because they use cannabis, some ALJ's "expert" witnesses they hire to assist in interpreting the conditions claimed do not agree with cannabis use and will use it's use to say that the patient is addicted and therefore not qualified disabled. The trick to brick wall this from happening is to have some sort of known medical testing which positively identifies a covered disability recognized by the SSA. i.e. biopsies, MRI, x-ray, genology test,blood test..etc..some sort of indisputable medical evidence. Just an opinion will be over-ruled 99.99% of the time when cannabis and SSA are it is just an "opinion" and nothing more..opinions can be overcome by someone with more higher opinion and a much more distinct opposition to your claimed disability.

    goodluck, and if you don't have any of the above..I would not mention anything about cannabis use..nothing worse like shooting yourself in the legal-head.
  11. Stomper420

    Stomper420 Registered+

    Thanks for the info. I do have medical evidence. Its just that the gov is broke and dont want to pay out any more.Seems everybody gets denied the first few times. Ill keep you updated
  12. jamessr

    jamessr Registered+

    Forgot one last thing, if you can get a mental health evaluation which says you are not emplolyable because of some mental condition you suffer from, would be the ideal case which can not be turned down...most physical conditions will end up with a SSA medical expert and vocational hypothetical work condition in our nation work force which is at a 20#lb. baseline. Understanding that the experts job is to deny you benefits...

    I have 5 qualifying physical conditions under SSA which the experts claimed I could lift at least 20lbs. which disqualified me for receiving my SSA benefits..but, I also came in with 3 mental health qualifying conditions which is what actually qualified me in the end. Which the state hid from the SSA..the ALJ wrote this fact into my award that the state didn't supply a full record to review. The claimant did though.;)
  13. Stomper420

    Stomper420 Registered+

    Got it, thanks for the info. So basicly you have to be near death in order to qualifiy. Thats BS:wtf:
  14. Max Blast

    Max Blast Registered+

    @ Stomper

    If your lawyer told you to get a "scrip" you need a new lawyer. Try to find one that has actually read the law regarding MMJ. No Doctor in the USA can write a presription for marijuana.

    I am also curious as to what is the "lic" to which you refer. There is no "license" that I have found in California law regarding a license applying to MMJ.

    Please enlighten me in this regard for I am now apparently confused.

    Max Blast
    Last edited: Feb 17, 2011
  15. Stomper420

    Stomper420 Registered+

    Max, Im talking about my MMJ card. Call it what ever you like. My lawer told me to get one if Im going to continue to smoke:stoned:
  16. Max Blast

    Max Blast Registered+

    Stomper, I meant you no disrepect and sincerely wish you well with your SSI battles. It is my personal opinion that at least some delays people are experiencing are a result of some at the SSI offices basically waiting for people to die therefore eliminating the claim. I have a personal freind who was in this exact position so my opinion is formed from actual experiences and not just conjecture on my part.

    I do have a personal objective to encourage accurate terminology in the discussions regarding the California laws regarding MMJ. One of my reasons for this is that there seem to be a great number of very young people on these boards and they will be better served by an accurate supply of information.

    It is not about me calling it what I will but rather what the justice system will call it. All I ask is that others on this board will make an effort to not confuse the issue by having a disregard for accuracy on this subject.

    regards and good luck to you,
    Max Blast
    Last edited: Feb 17, 2011
  17. jamessr

    jamessr Registered+

    Any doctor whom is registered in the controlled substance therapeutics RESEARCH act of each state may prescribe cannabis and is a schedule II substance under strict guidelines of that specific program.

    Hope this solves your confusion.;)

    IN LEGAL TERMS, A RECOMMENDATION IS EQUIVALENT TO A PRESCRIPTIVE DEVISE. Under conant v. walters, this is not true..but, that was a DEA FEDERAL rights case.. not under the Wa. D.C. states rights case to say it is such a devise under the states licensing regime...;)
    Last edited: Feb 17, 2011
  18. jamessr

    jamessr Registered+

    LOL, did your lawyer tell you to get a green card so your not a foreigner anymore.:D

    And yes, if you want to claim and affirmative defense to criminal charges, one MUST get a green card to pass go in this game of monopoly..;)

    If no card, the SSA dept. sees you as a REC USER, and they don't do REC users under SSI or SSD.. also note, depending on the ALJ expert you may get a bad rep. for using a schedule 1 drug under federal law..

    My lawyer told me I would not get my SSD using cannabis.. till he seen the multiple lab reports... the ALJ expert is the one who actually makes the decision of pass go or not.
    Last edited: Feb 17, 2011
  19. Stomper420

    Stomper420 Registered+

    Look homie, I am All American. No green card needed. Thats a fucked up statement you know:wtf:

    Max, I understand what your sauying completly. Im just not that smart any more:jointsmile: Many years of pain and meds Ive lost it:wtf:

    Thanks for your input everybody, but with my condition I dont think anybody would be worried about me smoking a joint or 2 a week:Rasta:
  20. jamessr

    jamessr Registered+

    No harm intended by the green card my friend... I was implying you need an authorization from a Dr. so you may enjoy your green medicine my friend...not that your from some other country...

    Sounds like what your lawyer was inferring is that at this time the law sees you as a rec. user i.e foreigner, a non foreigner has a cannabis use authorization ...

    A non-foreigner use would mean you have not much to worries about when charged with a crime because you have an Affirmative Defense to any criminal charges...

    Hope this says it better, Hope you get better or atleast be able to mitigate your symptoms without being harassed over it.:thumbsup:

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