Denied for not following treatment planMany Social Security disability claimants want to know if they can be denied Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) if they refuse to go to their consultative examination, cannot see a doctor or they refuse to follow their doctors prescribed treatment plan due to lack of funds. This blog will address how the Social Security Administrations (SSA) views lack of cooperation and refusing appropriate medical care.
Denied Social Security Disability for Refusing to Release medical records or see a Consultative Examiner
The Social Security Administration (SSA) makes their disability determination based on a claimants medical records. Claimants who have insufficient medical records, who have not seen the appropriate doctors or who refuse to release their medical records to the SSA may be required to see a consultative examiner.
The consultative examiner is not a SSA doctor. They do not work for the Social Security Administration (SSA), but they are merely contracted to evaluate a claimants health condition and provide information to the SSA about the claimants functional capacity to work.
Claimants who consistently refuse to see a consultative examiner, who refuse to give the SSA the authority to request their medical records, or who repeatedly do not show up for an examination will have their Social Security application denied.
Denied Social Security Disability for Refusing proper medical treatment
Many claimants want to know if they can be denied Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits if they refuse to follow their doctors treatment plan or if they are not seeing a doctor. Yes, the Social Security Administration (SSA) can deny benefits if you are not following your doctors orders AND the SSA decides that following the prescribed treatment plan could restore you to a level that would allow you to perform substantial gainful activity.
If, however, there is medical evidence that following your doctors prescribed treatment plan would not restore you to a functional level then they may find you disabled. Consider also, if your doctor makes medical statements or provides medical evidence which is contrary to what is considered standard medical opinion the Social Security Administration (SSA) is likely to disregard their opinion.
Valid Reasons to refuse medical care for Social Security Disability
The Social Security Administration understands there may be valid reasons for refusing medical treatment: limited I.Q., severe phobia of surgery, severe mental illness, repetitive surgeries for similar conditions when surgery has been unsuccessful in the past, the treatment plan is too risky, the medical opinions vary on the treatment plan, you have a lack of funds and the SSA cannot find an acceptable alternative or you have religious objections to treatment.
Consider, if you state that you do not have sufficient funds to either see a doctor or follow their treatment plan but you purchase luxury items (beer, wine, cigarettes) the SSA is likely to conclude that you could use this money for medications and medical care.
Hiring a Social Security Disability Lawyer
The Social Security Disability process can be complicated. If you have questions and need assistance, talk to a disability lawyer. Whether you applied for Social Security Disability Insurance (SSSDI) or Supplemental Security Income (SSI), disability attorneys can help. They understand Supplemental Security Income and Social Security Disability Insurance (SSDI) laws and can make sure you get the benefits you need to support yourself while you are unable to work.
- Consultative Examination - How long will it take for a SSA disability decision? (disabilitybenefitshome.com)
- SSDI and expediting Disability Reinstatement (disabilitybenefitshome.com)
- SSDI - Most Common Questions Part II (disabilitybenefitshome.com)