Will Your Disability Case be Denied Because You Use Medical Marijuana

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Will Your Disability Case be Denied Because You Use Medical Marijuana

3 102 views | 4 May. 2020
3 102 views | 4 May. 2020

How will your Social Security disability judge react to medical evidence showing that you use medical marijuana?

As I discuss in this video, there is a disconnect between how marijuana is treated under federal law and how it is classified in many states. Under federal law - and remember that Social Security is a federal government agency - marijuana is a dangerous Schedule 1 drug with no medicinal value and a high potential for abuse.

By contrast, many states have either legalized recreational marijuana or decriminalized it. Even more states allow for medicinal marijuana to be prescribed by doctors.

My experience has been that few if any Social Security disability judges will deny your case if your record reveals that you have been consuming medical marijuana under a doctor's care.

However, disability judges can still deny your case if they find that substance abuse is a "material and contributing factor" to your disabling conditions. Judges expect to see proof that you are using marijuana under medical supervision. So you cannot purchase marijuana on the street and expect a judge to accept your testimony that you are smoking it for therapeutic purposes.

What do you think? Should Social Security issue a policy statement clarifying how disability judges should evaluate marijuana use by a disability claimant. If you are responsibly using marijuana to address symptoms of anxiety, depression, gastric distress, glaucoma or other medical needs, what should judges do? #medicalmarijuanaandsocialsecuritydisability #marijuanaandsocialsecuritydisabilityhearings #denieddisabilitymarijuana

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Donna C

Thank you so much for answering this question! Something I’ve been wondering for a long time.


FYI Using medical marijuana whether prescribed or not is grounds for revoking your CCW permit. CCW = carry concealed weapon, ie pistol permit.

go eagles

What worries me is when the corona thing hit here being Texarkana TX I canceled some very important doctor apts for fear catching it. If my disability review was to start up I would be in a odd situation. No Idea what i would tell the people that do the reviews.

Lori Thousand

Pills are more dangerous I've been on pain pills for years that's more dangerous than marijuana unbelievable

Marilyn Cruz

Due to the pandemic my hearing will be by phone what should I expect?

Mark Stench

As always great timely information , Thank you Counselor Thank You.

Gacha cookie cat Sandoval

awesome im gonna roll one up


When I was approved for SSDI on my approval letter it stated I get a review in 3 years which will be this August. If they were going to review my case should I’ve had heard from them already? My doctors have not been contacted either.

slick one

Mr. Ginsberg, thank you so much for your videos. I've watched for the last year and used the information within to successfully win SSDI the first time with no lawyers at all. I used the grid rules as you suggested and had plenty of documentation on my COPD and lower back issues with an MRI. Your video's lead me on the right path. I would encourage everyone to watch all your videos and study, study, study. It only took me 6 months from application to 1st check and that check came with 8 months of back pay as well. Thanks again.

Sandi McGinnis Duran

They did my hearing over the telephone because of Covid19. I was denied a second time now. My Atty. told me that they don't handle Appeals. Now what? This is so difficult. I'm really worried.




What would cause this to even come up?

David Green

Mr, Ginsberg, I just wanted to THANKS YOU FOR ALL YOUR HELP AND ADVICE. I was approved for SSDI last month on my initial application.( second try)I started over in January this year without an attorney after going all the way through the appeals council last year. If it wasn't for all your videos and information. I got FCRs from my 3 different specialist and along with being out of work finally for a year, turning 55 later this year. AND BEING 100% A DISABLED VETERAN WITH HOUSEBOUND STATUS. I was able to prove my case.... THANK YOU AND GOD BLESS YOU...