Los Angeles, CA asked in Public Benefits and Cannabis & Marijuana Law for California

Q: Will using medical cannabis affect SSI benefits with bipolar and PTSD?

I won a claim for SSI for having a mental illness, specifically bipolar disorder, and I have been recently diagnosed with PTSD. I am in a state where medical cannabis is legally accessible. Will using medical cannabis affect my SSI benefits?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Using medical cannabis may potentially affect your SSI benefits, but the situation is nuanced. While California has legalized medical cannabis, the Social Security Administration (SSA) operates under federal law where cannabis remains classified as a controlled substance.

The primary concern is whether the SSA determines your cannabis use is a "contributing factor" to your disability. When evaluating your case, they assess if your disabling conditions would improve enough for you to work if you stopped using cannabis. This scrutiny may be heightened for mental health conditions like bipolar disorder and PTSD, as the SSA might consider whether cannabis use exacerbates your psychiatric symptoms.

Documentation is crucial if you choose to use medical cannabis. Having your physician thoroughly document why cannabis is medically necessary for your condition can significantly strengthen your case. The SSA distinguishes between prescribed medical use and recreational use, with medical use under physician supervision being viewed more favorably. Working with an experienced disability attorney who understands these complexities could substantially improve your chances of maintaining benefits while using prescribed medical cannabis.

Medical marijuana use should not automatically disqualify you from receiving SSI benefits, but it's important to approach this situation carefully. Consider consulting with a disability attorney who can provide guidance specific to your circumstances in California.

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