Whereas medical marijuana is authorized on a state stage in Florida and in lots of different states, it’s not authorized on a federal/nationwide stage. This causes friction with Social Safety Incapacity instances as a result of Social Safety advantages are a federal profit, because the Social Safety Administration (SSA) is a federal company, not a state company. Thus, using medical marijuana raises pink flags for Administrative Legislation Judges (ALJs) and the SSA as a result of it’s not authorized on the federal stage.
The ALJs who sit on these benches are very conservative in nature, and of their expertise, marijuana has historically been unlawful even when used for medical functions, so they’re used to seeing marijuana solely at an unlawful/road utilization stage. Though it’s potential to border medical marijuana use to emphasise the medical foundation for the use, it’s inevitably a grey space and ALJs are possible to withstand.
How To Body the Argument and Educate a Conservative ALJ On Medical Marijuana
Theoretically, excessive CBD, low THC marijuana doesn’t get you “excessive.” Vaping it doesn’t damage your lungs. Most individuals eat it. Many use oils or lotions. Most individuals will testify that their cognition is best with medical marijuana than with opiate painkillers. Many individuals simply use it solely at evening to sleep. Whereas some folks have been simply leisure customers who now declare its medicinal, many individuals tried it when opiate/NSAID/muscle relaxers didn’t work nicely sufficient. If we will present the decide that the particular person is legitimately utilizing marijuana for medical functions, it in all probability gained’t have a damaging affect on the declare. After all, in the event that they’re simply sitting round smoking and enjoying video video games, they’re in all probability going to lose.
Bodily Impairment vs. Psychological Impairment Instances
There’s a massive distinction between bodily and psychological impairment instances. Some folks speak about smoking marijuana for his or her anxiousness, however that just about by no means works with the ALJs. Anecdotally, doesn’t it make you paranoid? How wouldn’t it assist your anxiousness? You may rehabilitate it if the particular person has each bodily and psychological issues, but when it’s a case based mostly solely on anxiousness or despair, and the particular person smokes a variety of marijuana, it in all probability gained’t work. Principally, judges settle for it as a respectable type of remedy for bodily impairments, however not for psychological impairments.
In case your state requires a physician’s letter of necessity from a physician and/otherwise you register on your state’s medical marijuana program, present this data and every other documentation straight from the medical supplier who helps medical marijuana use from a medical standpoint.
Get Assist with Your Social Safety Incapacity Declare
Regardless of the widespread legalization of medical marijuana on the state stage, due to the federal nature of Social Safety advantages and the corresponding incontrovertible fact that medical marijuana just isn’t authorized on the federal stage, medical marijuana use will inevitably be a pink flag for Social Safety adjudicators. That doesn’t imply it’s catastrophic to a case by any means, however it is very important concentrate on how medical marijuana use may have an effect on your Social Safety Incapacity declare.
Do you want assist proving that your marijuana use is medical in nature and never contributing to your disabling medical situation(s)? The Ortiz Legislation Agency may also help. We’ll work with you and your physician to collect proof and current a robust case. To study extra about how we may also help together with your declare, schedule a free case analysis in the present day. Name us at (888) 321-8131 to get began.
