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Thread: Testing for Socail Security Disability?

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    Default Testing for Socail Security Disability?

    When my medical retirement is complete with the company I now work for, I would like to star supplementing my pain mgmt techniques with cannibis. My current employer has the right to randomly test me, so I don't risk it at this time.

    However; Here's the question, when I medically retire from my current job, I am REQUIRED to apply for Social Security Disability benefits. I would like to start growing and smoking after I have retired, but before my Socail Security stuff is done. I figure it will take 12-18 months if I'm lucky.

    Can the government drug test me for disability?

    I searched all the other threads and did not see anything close to this answer...

    Thanks for any info...

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    Roz
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    However; Here's the question, when I medically retire from my current job, I am REQUIRED to apply for Social Security Disability benefits. I would like to start growing and smoking after I have retired, but before my Socail Security stuff is done. I figure it will take 12-18 months if I'm lucky.
    Can the government drug test me for disability?
    Usually no BUT in order to receive SSDI you must continue to see
    your regular doctor at least 3 or 4 times a year and they always
    do a blood test looking for blood count,blood sugar level, cholesterol etc
    Whether they test for cannabis I don't know.
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    No ,they don't have a reason too
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    Quote Originally Posted by Rowell10mg View Post
    Usually no BUT in order to receive SSDI you must continue to see
    your regular doctor at least 3 or 4 times a year and they always
    do a blood test looking for blood count,blood sugar level, cholesterol etc
    Whether they test for cannabis I don't know.
    Agreed. And if insurance companies are waiving premiums for disability, they will require an attending physician's statement at least every two years.

    @Gammachick Given the state of the health care system, social security and social security disability, as well as medicare ~ regardless ~ I wouldn't count your chickens before they're hatched. Any laws on the books today could be turned upside down by the time they apply to you.
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    Probably best not to chance it. A refusal of disability would be harder to overcome than a little more abstinence would be to tolerate?
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    Probably best not to chance it, I agree. I'm just so daggone worried I'm gonna become a Hydro addict... I'm back on the Lyrica again and that has helped my pain in the past so maybe I can cut down some on the Hydros...

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    i dont have a dr., im too paranoidand and depressed....ill just go to the expert witness dr my dissability lawyer arranges for me and move to a favorable jurisdiction and forum shop out of medical and financial necessicity for rubber stamp judges/majistrates, pregerably in a warmer state along any major coastal area.
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    the below is a question and answer from one of the ask an attorney type sites:
    (i have full disability. never subject to review. no hope of recovery. i did not even get to hearing stage. they just gave it to me. took a year without acting in pro se fashion. no other attorney. first, i saw clinics to finally get a dx and treatment, new MRI's. blood work. disability ignores ur own doctors. but, if u have years of doctors calling u disabled in ur records, it cannot hurt. but, they, they may test u. i was not tested for meds.
    i saw but two social security doctors. one for pain, and one for psychiatry, to wit: ptsd. i did not have to do a UA with either. the pain doctor tested my mobility, rigidity, what movements i can and cannot make.
    and, i guess i am deemed rather ill, as i just got permanent and full disability. but, when u get no hope of recovery, which used to be u r anticipated to die, u r never subject to a review. so, i never see another doctor. by law. only choice. not sure if that changes when after two years u become eligible for medicare. if u can afford it. u have to pay money back to get care. at that point, seeing doctors again, for medicare, it is possible u may be tested. the disabled r treated far worse than i ever knew. so, u must watch. as laws change.)
    QUOTE FROM ASK AN ATTORNEY SITE:
    Will getting a medi
    cal marijuana card cause disability payments to be denied?

    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.

    hope this answers your question, and good luck.


    Answered on Dec 23rd, 2011 at 8:15pm

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    BootySeeker is offline Banned Reason: Previously banned user who said he was going to try to hack this site
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    What a great post @riverstyx. You are a valued member of the PR team.
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    Quote Originally Posted by Gammachick View Post
    Probably best not to chance it, I agree. I'm just so daggone worried I'm gonna become a Hydro addict... I'm back on the Lyrica again and that has helped my pain in the past so maybe I can cut down some on the Hydros...
    I don't have your situation but I do not like dependence to set in for anything in particular so I swap and change when I can and I find moon phases are at significant play in that - I know it's not so for everyone. Couldn't pin it down for you but it's a sure thing in my experience, I just don't try to force anything and go with what looks or feels best on the day - with an eye on best compromise, whatever that is.

    It's the howling that gives it away.

    But really, it does.
    Last edited by smithieh; 01-01-2012 at 09:10 AM.

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    Thanks for the great post @riverstyx!
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    @Gamma: as we attorneys talk bass ackwards, partly i am sure so that u hire the scoundrels, if u have trouble with the language, just let me know.

    i knew u used to be able to get disability because u were addicted. no more. but, it is the legality of usage, combined with whether said usage contributes heavily to ur physical ailment. and, we know, with medicinal mj, we can lower usage of pain meds, be able to eat, etc. but, i do not trust the rules and regs, as the disabled r less than appreciated in this current climate.

    plus, u must always present with physical problem, and emotional or mental element. to prevail. always. depression, anxiety, ptsd, as result of abuse, or based on failure of ur mind and or body.

    u draw up ur papers, without reading at any soc sec site. i want it real. u must portray and convey to the readers of ur papers, how excrutiatingly (sp, i know) painful and unbearable ur life is now. u write so that they feel ur pain. this is not fakery. this is us on our worst days. i was advised to stay off all treatment so the doctors would see me as i am. at my worst.

    ur goal is to get ur soc sec worker and the hierarchy to cry over ur health issues, ur life, ur suffering.

    then, u win. good luck. PM me if u have questions. anytime.

    my best to u, my friend.

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    Quote Originally Posted by Gammachick View Post
    Can the government drug test me for disability?
    Yes, but only if you happen to live in Florida.

    The Governor, Rick Scott, recently introduced mandatory drug tests for welfare recipients, but the law's proving somewhat controversial - not least because Ricky allegedly owns a fat chunk of stock in the company that was awarded the drug testing contract.

    Fox News - Corrine Brown & Sandy Rios Debate Florida Drug Test - YouTube

    However, the laws's been temporarily blocked by a federal judge for being unconstitutional:

    Florida Welfare Drug Testing Law Blocked By Federal Judge

    although that hasn't stopped Republican senator, Jack Kingston (and several others) pushing for a bill introducing nationwide mandatory drug tests for welfare recipients:

    Republicans to Unemployed: Go Pee in a Cup - YouTube

    Whether they have any chance of success will depend on the outcome of the Florida legal challenge.
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    Yes, and we should have mandatory sanity checks on politicians. Having seen some of the US Rep candidates in action recently, or was it more really inaction or failed puppetry, god help you if they get in.
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    Quote Originally Posted by Gammachick View Post
    When my medical retirement is complete with the company I now work for, I would like to star supplementing my pain mgmt techniques with cannibis. My current employer has the right to randomly test me, so I don't risk it at this time.

    However; Here's the question, when I medically retire from my current job, I am REQUIRED to apply for Social Security Disability benefits. I would like to start growing and smoking after I have retired, but before my Socail Security stuff is done. I figure it will take 12-18 months if I'm lucky.

    Can the government drug test me for disability?

    I searched all the other threads and did not see anything close to this answer...

    Thanks for any info...
    Sheesh! What's next, drug testing by TSA before you can board a passenger airplane?

    Simple answer is that drug testing and SSDI have absolutely nothing to do with each other. "Medical retirement" usually means that you're unable to perform your current job due to medical reasons. That in no way means you're disabled for Social Security purposes. If you're not permanently and totally disabled you'll almost surely be turned down for SSDI. Permanent means it's expected to last at least a year at minimum, but it really means that they see no hope of you ever working again at a job you could be expected to perform. Meaning they don't expect corporate CEOs to flip burgers.

    Eligibility for SSDI means that you can't perform ANY job at all, which is a much taller bar than your medical retirement.

    It sounds like you have some type of private disability insurance where they want you to apply for SSDI before considering granting you the private insurance benefits that were a job benefit. In that case, applying for SSDI is just a meaningless formality because the SSA won't even consider you for disability unless you've been unable to do any significant paid work for the 12 months prior to your SSDI application.

    You need to go over the terms of your workplace disability insurance coverage because they may have a clause in it that disqalifies you from the private disability benefits if you use illegal drugs or commit other crimes while employed in that job. They can say that you brought it on yourself by using illegal drugs and thereby deny you private disability coverage.

    If you can find a new job within a year of your "medical retirement," you'll be much better off working than doing nothing while hoping you'll be awarded SSDI.

    The medical records submitted as part of an SSDI application are under the control of the applicant and their representative. SSA can't look at anything other than what you send them or that their medical doctor is told during the phone interview they usually use instead of F2F examination. Many people don't even get a phone interview and they find out they qualified when the award letter comes in the mail and they have to go to a SSA office to show their birth certificate and SS card.

    Unlike private disability insurance, SSDI is "no fault" insurance where drug addictions can only contribute to your disability, not lessen it.
    Last edited by Trampy; 01-08-2012 at 03:25 PM.

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    I think this thread has gone awry from my original question. I was just wondering if I was legally subjected to drug testing while going through the SSDI process. I think it would help me to take less pain medication. This isn't an addiction problem, its just using what I consider IMHO a better, healthier alternative to taking pain pills everyday.

    I'm actually pretty confident in my ability to obtain SSDI, the attorney I was referred to came from an SSI informant of my therapist. He has a 95% win rate, and he has taken my case.
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    Why not ask your attorney?
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    Roz
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    I think this thread has gone awry from my original question.
    I was just wondering if I was legally subjected to drug testing
    while going through the SSDI process.
    Not as yet. SSDI is a federal program not state run so things take forever
    on the fed level. Even if a law was passed you'd know in plenty of time to
    quit. All I remember is they send you to a psychologist for mental evaluation.
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    JJGittes is offline Banned Reason: Every single post complains about someone or something on here. Has too many enemies here.
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    I agree that drug testing for disabliity applicants wont come anytime soon. It would take forever to set up. Good luck on your SSI process. I am just now starting the process. Buldging disk from a back injury 4 years ago has left me in constant pain.
    Last edited by JJGittes; 01-09-2012 at 04:13 PM.
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    Quote Originally Posted by alumni View Post
    Why not ask your attorney?
    Actually, I kinda scared to ask my attorney, I feel lucky that they took my case (they have a95% win rate), and I am afraid they would drop me...

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