Answered on Dec 23rd, 2011 at 8:15 PM
Richard you ask
an interesting question. From the way
you phrase the question, it sounds as though your brother-in-law is already
receiving disability payments, that is, the Social Security Administration
(SSA), has found him disabled. If that
is so, he will be reviewed by SSA sometime in the future to determine if he is still disabled.
Not being from
your area, I will presume a physician prescription is required to obtain a
"medical marijuana card." If
this is the case, and it is used within the terms of the prescription, it should
not be a problem. If there is
"addiction" regarding the use of marijuana that changes things.
According to the
regulations of SSA, "If we find that you are disabled and have medical evidence
of your drug addiction or alcoholism, we must determine whether your drug
addiction or alcoholism is a contributing factor material to the determination
of disability, unless we find that you are eligible for benefits because of
your age or blindness." Note that the first
determination is whether the person is disabled, then another decision must
be made whether drug addiction is a "material factor" of the
disability. You can read the complete
regulation if you click here.
If the limitations that would
remain if the use of the drug (or alcohol) stopped would not be disabling, SSA
will find the person not disabled. If
the limitations that would remain if the use of the drug (or alcohol) stopped would
be disabling, SSA will find the person disabled.
This law regarding DA&A
was created through an Act of Congress in 1996.
An Emergency Teletype with Questions and Answers about the changes
appear at the following link, and are still useful today.
I would recommend contacting
a local attorney that is well versed in Social Security Disability law. Click the house in the upper left "Find A
Lawyer" if you need help finding a local attorney.
hope this answers your
question, and good luck.
No attorney-client relationship has been established because of the information provided. Seek local counsel to address your particular facts. MJHJ