In Oklahoma, disability benefits are primarily provided by two programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). SSDI provides monthly payments to people who have a condition that affects their ability to work. SSI pays individuals who have limited income and resources monthly. If you are a medical Marijuana user, there is a chance that it will affect your disability benefits. If this may be a problem for you, read below for more information about it.
Medical Marijuana Benefits
SSDI
While Oklahoma has legalized medical marijuana, it is still not federally legalized. Therefore, if you are a medical marijuana user applying for SSDI, the Social Security Administration will go through a test to determine if your disability is caused or worsened by medical marijuana. The test is called a “Materiality” Test. The most critical concept is the Social Security Administration’s “Drug and Alcohol Abuse” determination. The SSA must decide if a person’s drug or alcohol use is material to their disability. This means they ask, “Would this person still be disabled if they stopped using the substance?” If the SSA determines the answer is no, the claim will likely be denied. However, it is helpful to provide documentation from your physician stating that your medical marijuana is medically approved for cases like these.
SSI
Similar to SSDI, SSI has the same problem. Since medical marijuana is not federally legal, and this is a federal organization, it has to be proven that medical marijuana isn’t causing or worsening the patient.
Common Conditions Treated With Medical Marijuana
In Oklahoma, there is no list of qualifying conditions for which medical marijuana may be helpful. Instead, a cannabis doctor will be the one to determine if medical marijuana could help improve the patient’s health. Here are examples of some illnesses that respond well to medical marijuana:
- Anxiety
- Cancer
- Migraines
- Terminal Illness
- Insomnia
Many other illnesses respond well to medical marijuana as well.
Read More: The Common Rules of a Medical Marijuana Card in Oklahoma
Drug Testing and Disability Claims
Most likely, when applying for disability claim, they will not drug test you. However, they will go over your medical history, and if there is evidence of substance use, there’s a chance that it will affect the outcome of your claim.
- If drug use is unrelated to your disability, failing a drug test might not directly affect your claim. However, SSA may still question whether your drug use impacts your ability to follow prescribed treatments.
- If drug use is related to your disability and it involves substance use or mental health conditions related to drug use, SSA will look closely at whether your condition would improve if you stopped using drugs or alcohol. In some cases, SSA may deny benefits if it believes your condition would no longer be disabling without substance use.
How to Document Marijuana Use Without Hurting Your Case
When applying for disability claims, it’s best to be honest about medical marijuana usage. Make sure that it’s in your medical records along with a physician’s note that should document the underlying severe medical condition, all treatments tried, and how marijuana use specifically affects the symptoms of that condition. This detailed clinical record is vital for both the initial application and any potential appeal. That way, when you file for your disability claim, it will all be left out in the open for the SSA.
What You Need to Know About Federal vs. State Marijuana Laws
What happens if you lose Disability claim
If a claim is denied because the SSA finds marijuana use to be a “material” factor, the applicant’s only recourse is to file an appeal. To file an appeal, you need to have a new examiner review the entire case. From there, the applicant presents their case to an Administrative Law Judge. Then there will be a review of the judge’s decision at the final level of appeal.
If you have any concerns or want more information about disability claims and medical marijuana, reach out to Brune Law Firm.