How Not Complying with Medical Treatment Can Affect Your Disability Case

February 10, 2016
Dayes Law Firm

When it comes to applying for Social Security Disability (SSD) benefits in Phoenix, credibility is important. The Social Security Administration (SSA) must rely on your word and medical documentation when determining if you qualify for benefits.

The SSA must believe you when you claim to be experiencing symptoms like fatigue, memory loss or pain, or that your condition makes it difficult to carryout daily activities like communicating, walking or driving.

One of the most important sources for credibility is through your medical records. If you have not seen a doctor about your condition, the SSA may conclude that your condition is not as severe as you claim.

Similarly, if you have visited a doctor, but have not followed through on taking your prescribed medications or using assistive devices like a cane, it will seem to the agency that your condition is not debilitating.

On the other hand, if you have visited numerous doctors and tried countless treatment options, the SSA is likely to believe that your condition is very debilitating and difficult to treat.

Although it is important to have a record of doctors visits and treatment options, the SSA cannot jump to conclusions without considering the reasons for not attending doctors appointments. Some of the more acceptable reasons can include:

  • You cannot afford treatment because you do not have health insurance or your coverage falls short.
  • Your doctor told you no treatment would work for you.
  • Medication or treatment side effects are worse than your symptoms.
  • Your religion does not permit medical treatment.
  • You can avoid treatment and control your symptoms by changing your activities.

It is best to be proactive and explain why you could not pursue treatment for your condition either on your application or when you are contacted by the Social Security Administration.

You should also make sure to list all treatment options you have tried including physician care, acupuncture, pain management, massage or physical therapy.

If you are having trouble getting the disability benefits you need, contact the law offices of Dayes Law Firm PC today to discuss your legal options.

Call 1-800-503-2000 or complete a Free Case Evaluation form.