I am a single mother of two adult children. I have been receiving disability benefits for the past 10 years. In late 2007 I was diagnosed with FMS or fibromyalgia syndrome. I have been treated unsuccessfully with three three typical medications for my condition. I've read of people suffering from the same ailment, claiming that Marijuana has greatly improved their quality of life. Now my question:

If I decide to try this "alternative therapy", or if information comes back to the Social Security Administration that my blood/Urine has tested positive for the use of marijuana, will my benefits be in danger?

I am well aware of any criminal aspects involved with possession of marijuana; my state is NY, and from what I have read, possession of small a amount of marijuana for personal consumption is essentially decriminalized ( citation ), also my financial situation would generally limit me to small amounts at any given time.

In Most of the research I've done on this subject, I've only come across situations where a person was denied benefits because of their marijuana/alcohol use. I have yet to come across a case involving a person already receiving their benefits. My $600 per month isn't a lot, but it's all I have.

I appreciate you're your time looking into this.

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Originally Posted by NYCdisabled

If I decide to try this "alternative therapy", or if information comes back to the Social Security Administration that my blood/Urine has tested positive for the use of marijuana, will my benefits be in danger?

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Hello NY:

The Social Security Admin is NOT a police force. Therefore, you don't have to take UA's to qualify, and your benefits are NOT in danger.

That is, of course, unless you're required to take UA's for ANOTHER reason that you're not telling us, then THAT would make a difference.

If you get prosecuted, your benefits may be in danger, but I doubt it.

excon

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Originally Posted by excon

Hello NY:

That is, of course, unless you're required to take UA's for ANOTHER reason that you're not telling us, then THAT would make a difference.

excon

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No particular reason, I usually get blood work done every 6 months from my primary care provider, And I am unsure of their reporting criteria in regards to reporting drug use to the social security administration.

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Originally Posted by NYCdisabled

And I am unsure of their reporting criteria in regards to reporting drug use to the social security administration.

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Hello again, NY:

You can be assured that your private physician is NOT secretly testing you for illegal drugs, and does not secretly work for the DEA or Social Security.

However, since the Patriot Act, one can't be sure who IS or who ISN'T a cop. So, I'd ASK your primary physician these questions. If he IS drug testing you, I'd find another doctor.

excon

20 CFR Part 404

Here is the link for what the government deems the rules for Disability Payments. I read pertinent parts of this site and there is nowhere stated about drug use curtailing or ending your benefits. It does state where the benefits can be stopped due to non compliance of drug treatment of the problem that led the person to receive disability payments.

http://www.ssa.gov/OP_Home/cfr20/404/404-0468.htm This is for people in jail or prison not receiving benfits.

http://www.ssa.gov/OP_Home/cfr20/404/404-0470.htm This is the link for the drug treatment individuals not completing drug programs.

And no, your doctor does not test for drugs when he does his blood work. FMS or fibromyalgia syndrome and the medications you take need to be monitored by your doctor to see if you have any liver or kidney functions impaired by these medications.

Just don't inform your doctor about trying your alternative medicines.

You could also discuss having your doctor give you a prescription for medicinal marijuana; bring along the information you've gathered showing that others have benefitted from it.