Have you ever wondered if failure to follow doctor’s orders could cost you your Social Security Disability benefits? In short, yes, your claim can be denied if you’re not following your prescribed treatment plan. When pursuing disability benefits, you want to be in a position to testify that you continue to suffer from a severe impairment despite doing everything your doctor has asked of you. This will give you the best chance of winning your Social Security Disability claim.
Disability Claims Can Be Denied For Failure To Follow Doctor’s Orders
Failing to follow your doctor’s orders or prescribed treatment plan is an easy way to get your Social Security Disability claim denied. When you fail to follow the treatment plan recommended by an attending physician, you are considered a “non-compliant” patient. Your non-compliance will be noted in the medical records the Social Security Administration (SSA) reviews to decide your claim.
When the SSA reviews your disability claim, it isn’t just looking at your medical condition but also assessing your engagement in the recovery process. Failure to follow through with doctor’s orders could be interpreted as a sign that your condition might not be as limiting as stated. It’s a tough part of the evaluation process, but it’s based on the belief that treatment can lead to improvement.
The takeaway here is crystal clear: keeping up with your treatment shows that you’re serious about getting better and ensures that the SSA has the full picture of your disability.
Examples of Non-Compliance
Examples of claimants failing to follow doctor’s orders include:
- Continuing to smoke while claiming disability for a heart condition or breathing problem, such as COPD;
- Missing multiple appointments with the doctor;
- Failing to follow prescribed medical treatment;
- Failing to attend physical therapy when recommended;
- Failing to take medications as prescribed to you by the doctor;
- Failing to go through additional counseling sessions when recommended by a psychiatrist or psychologist;
- Failing to change your diet or lose weight when a doctor recommends such to control diabetes; and
- Failing to cease taking illegal drugs or alcohol when recommended by the doctor.
These are just some examples of treatment recommendations that often get ignored.
What If I Cannot Afford To See a Doctor?
My clients often ask me, “How am I supposed to see a doctor or go to the hospital if I don’t have any money or insurance?”
This is a valid point. In fact, lack of money or health insurance to see a doctor is a legitimate excuse for not seeking medical attention. However, this argument does not go very far with many Judges. The number-one reason the argument can only go so far is there are a number of free or low-cost clinics in just about any community in our country. These clinics may see patients for free, or for as little as $5 a visit.
For example, in Escambia County, Florida, there are at least three clinics to treat physical ailments, and one clinic to treat mental health problems. There is usually a screening process to determine whether the prospective patient qualifies for the care.
In short, free or low-cost medical care is only available to low-income and uninsured individuals. You must contact the clinics in your area in order to be established as a patient and develop the medical evidence critical in your claim.
RELATED POST: How Am I Supposed To Get Medical Treatment Without Insurance Or Money?
A National Social Security Disability Attorney Can Help With Your Claim
A Social Security Disability attorney specializes in Social Security law and understands the intricate rules and regulations. They’ll gather the necessary medical evidence, complete paperwork accurately, and represent you at hearings. With their expertise, you’ll have a better chance of getting approved for the disability benefits you deserve. Don’t go it alone—hire an attorney who’ll fight for your rights and maximize your chances of success.
Nick Ortiz has represented Social Security Disability claimants since 2005. He and the experienced legal team at the Ortiz Law Firm represent disability claimants nationwide from our office in Pensacola, Florida. We can help you apply for benefits, request a reconsideration, or represent you at a hearing before an administrative law judge. If you want to learn more about how we can help you get the disability benefits you deserve, call us at (888) 321-8131 or contact us online.
