As a contracted employee I have been paying Disability Insurance since 1991. This past June 2017, I applied for benefits. I have been diagnosed with severe osteoarthritis and severe degenerative disc disease. I do not take prescription drugs and have opted for medicinal marijuana, which helps relieve some of the pain that I experience in several parts of my body, daily. I called in August 2017 to find out status and again in October 2017. In October they told me that while I have sufficient medical information, my family doctor did not indicated my limitations. I immediately contacted my family doctor and she complied with their request with a 2 page letter. They also sent an independent “home visit” person to meet with me. I was pretty upset with this person as he said “well I think you are a youthful person and smart, you should be able to get employment, have you tried to get a job?”. I answered truthfully and said I did apply to a job in the medicinal marijuana field but was unsuccessful. Two days ago I again called to find out the status and I was told it was denied for 3 reasons:
- I am not under active treatment 2. I am able to perform daily living items such as bathing, feeding myself and dressing and 3. I applied for a job.
I have never been offered by my rheumatologist or family doctor an “active treatment” although I do get cortisone shots in my hips every 4-6 months (is that not a treatment?) and I take government approved medicinal marijuana and must visit the clinic every 4-6 months. I am not wheel chair or bedridden and I can, with care on my part, continue to cook, feed myself, dress myself and bathe. Lastly it was pretty clear from the home visit I had that the person was almost pushing me to try and get a job. I would like to know if I could pursue this legally. Thank you.