The answer is maybe. Some people who use marijuana or other drugs will be eligible for Social Security disability and others will not be eligible.
Generally, if it is an addiction to marijuana that makes you unable to work, you will not be eligible for Social Security disability benefits. Similarly, if your health issues are caused by or made worse by your past or current use of marijuana, you will not be eligible for Social Security disability benefits.
However, if your marijuana use did not cause or worsen your medical condition, it might be irrelevant to your Social Security disability application and you may be eligible for Social Security disability payments.
Two Things to Know Before Applying for Social Security Disability
If you use pot, it is important to know two things before you file a Social Security disability eligibility application.
First, it is important to be truthful on your application. Do not attempt to cover up your drug use. Your medical records, or other evidence, will reveal the use anyway so it is important to be honest and upfront.
Second, it is important to know that marijuana is still considered an illegal substance by the federal government and that Social Security disability is a federal program. Accordingly, marijuana may still be seen in a negative light.
For these reasons, it is important to make sure your rights are protected by working with an experienced Social Security disability lawyer who can make sure your application is complete, that it is truthful, and that it answers all of the potential questions that might come up about your marijuana use.
by Paul B. Burkhalter Managing Partner of Morgan & Weisbrod, Board Certified in Social Security Disability Law.