Social Security Disability – THC

You are here: Louisiana Law Forums General Louisiana Law Social Security Disability – THC

  • Author
    Posts
  • #3720

    Crawdaddy
    Participant

    I live in Louisiana and I’ve been receiving Social Security Disability benefits for almost 10 years. I have various physical ailments that require taking NSAIDS and pain medicine and see a Rheumatologist regularly for Lupus, Reynauds Syndrome, and joint pain. On a visit about 9 months ago I was told that my kidney function was dangerously diminished and it could be from some of the medications. I quit taking the pain medications and use THC for the pain now and is much easier on my body and provides pain relief. Also, since doing so my kidneys have returned to near normal functions.

    My question is, can I lose my SSD for using THC if someone happens to do a drug test?

    Thank you,
    Crawdaddy

  • #3721

    Lex
    Keymaster

    That is outside of our general law experience. However, I would hazard a guess that it could boil down to whether a doctor’s advice was involved -whether by prescription or otherwise. If not, I would suggest trying to get something in writing advising the use. That might be nearly impossible in LA.

    Good luck.

    PS: This seems to be a fairly even-handed discussion on the topic: http://www.disabilitysecrets.com/mic1.html

  • #3722

    Crawdaddy
    Participant

    Thank you. What about Workers Comp that I’ve been receiving for almost 18 years? Can it be affected?

    Thanks,
    Crawdaddy

  • #3723

    Lex
    Keymaster

    In very general terms, much of the controversy around whether someone should lose their benefits because of drug or alcohol use (or abuse) has a good bit to do with whether the use aggravates or causes the medical condition upon which the disability is claimed. So, it can be a practical, money-oriented determination, rather than a moral judgment.

    So, if someone is disabled because of liver failure and yet continues to drink, that might be cause to stop benefits. There is a good bit of guesswork trying to anticipate what a particular person reviewing a particular file would say. That is why so many decisions end up being appealed.

    Workers comp is more in the realm of insurance products and less subject to various government agencies trying to make a determination based on “guidelines” that are subject to interpretation. I would suspect that it is less likely one would lose workers’ comp as opposed to benefits like SSD or SSI.

  • #3724

    Crawdaddy
    Participant

    Thank you for your input. Much appreciated.

    Crawdaddy

  • #3725

    Crawdaddy
    Participant

    Can a physician who generally does urine and blood test prior to your visit perform a drug screen with your specimens without your knowledge or permission?

    And, if so, can said physician share the results with anyone without your permission?

    Thanks again,
    Crawdaddy

  • #3726

    Lex
    Keymaster

    From what you are saying, not in almost all cases. A few exceptions exist which I hope would not be relevant to you.

You must be logged in to reply to this topic.