The Law Offices of Sheryl Gandel Mazur
North New Jersey: 973-200-6629
South New Jersey: 609-207-7905

Is medical marijuana covered by your SSDI benefits?

If you're fortunate enough to have been approved for disability benefits, such as those offered by the Social Security Administration from SSDI or SSI, then you may feel relieved. After all, as many people like you have learned, the process of applying for disability benefits isn't exactly easy. Despite the uphill battle some applicants have faced, they are almost always grateful they took on the challenge as these benefits can be incredibly helpful throughout their lives.

After the relief of having an application accepted, beneficiaries typically have more questions they may direct toward the Administration or even to a skilled attorney. For those with certain diseases that can be treated using medical marijuana, the question we're posing above may come up:

Is medical marijuana covered by your SSDI benefits?

As you may be learning right now, SSDI benefits can offset the cost of medical treatments and prescription drugs. If a person receiving SSDI so chooses to apply, they might also begin receiving assistance from Medicare or Medicaid, which may also offset these costs as well. But while this may be the case with a majority of applicants, things work a little differently with patients using medical marijuana.

Even though the drug was deemed legal for medical use by the New Jersey legislature with the passage of S119, such legislation only made the drug legal in New Jersey. This means using the drug outside of the state could lead to federal criminal charges for a sick or disabled patient.

So how does this apply to SSDI beneficiaries? Well, because programs like SSDI and SSI are run by the government, they must adhere to federal law. Because any form of marijuana is considered illegal on the federal level, one can assume correctly that medical marijuana would not be covered under government assistance programs such as SSDI or Medicare. This means that SSDI beneficiaries would likely have to cover prescription marijuana out of pocket instead of relying on their benefits to cover the cost.

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