Ask A Lawyer: Medical Marijuana and Your Rights

Ask A Lawyer: Medical Marijuana and Your Rights

nov 23

 

Q: My doctor prescribed me medical marijuana drops for my arthritis pain, but the insurance company says that I am not seeking treatment, so they do not have to pay me.  What can I do?

A: If conventional medicine suggests that no further active treatment will help you to overcome your disability, then you do not have to do more than what your own physicians can offer you in that regard. If your doctors feel that there is some medication that you ought to take, and you do not take it, then that could be construed as failure to be in active treatment. Legally, if the only treatment your health-care providers suggest is taking medication, and you are doing so, that should be enough to establish compliance with conventional medical treatment. If you cannot follow the recommendations of your doctors because, for instance, the drugs make you feel worse, then you must explore this with them so that they support your decision not to take the customary medications. In those circumstances, you should explore alternative therapies so that no insurer can say that you are doing nothing to overcome your disability.

Q: I enjoy a very occasional cigar (weddings, etc.) but have listed myself as a non-smoker on my life insurance policy. Is this going to cause a problem?

A: Denial of a claim based on the insured smoking a cigar at a celebration should be reviewed by a lawyer with expertise in life insurance. The cliché, “Where there’s smoke, there’s fire” seems appropriate in these circumstances, as the insurance company might not be disclosing the whole reason for denying the claim. Even so, if that is the only basis for denying the claim, then it would seem spurious and should be challenged.

 

 

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