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Following Prescribed Treatment in Social Security Disability Cases

Lewisville SSD attorney for failure to follow prescribed treatment

Plano Lawyers Assisting With the Denial of Social Security Disability Benefits

When a person experiences health conditions that affect their income-earning capabilities, they may qualify for disability benefits provided by Social Security. When applying for disability benefits, a person will need to meet many different requirements, and failure to follow the proper procedures may result in a denied claim. In some cases, Social Security may deny benefits because a person did not follow the treatment prescribed by medical professionals. To determine how to respond in these situations, it is important to work with a lawyer who has experience successfully appealing the denial of Social Security disability benefits.

The Law Offices of Coats & Todd represents clients who are applying for Social Security disability or who need to address a denied disability claim. Our attorneys have more than 60 combined years of experience working in this field, and we understand the legal requirements that disability applicants will need to meet. With our help, you will be able to address any issues related to the treatment you have received and provide the necessary evidence to prove that you are eligible for disability benefits.

Denied Disability Claims Based on Failure to Follow Prescribed Treatment

To qualify for disability benefits, a person will need to show that their medical condition has caused them to be unable to earn sufficient income, and their condition must have lasted or be expected to last for one year or more. Even if disability benefits are granted, a person is expected to receive treatment for their condition and follow the recommendations of medical professionals. If a person does not follow prescribed treatment that would be expected to restore them to the ability to participate in substantial gainful activity (SGA), disability benefits may be denied.

Prescribed treatment intended to restore a person to SGA must be recommended by a person's own doctor or a specialist they have seen for treatment of their condition. This treatment may include surgery, medications, physical therapy, or the use of durable medical equipment or assistive devices, but it does not include lifestyle modifications such as changes to diet or exercise. A person will only be allowed to refuse prescribed treatment if they have good cause, which may include:

  • Financial issues- Even if a person is willing to follow a doctor's recommendations, they may be unable to afford to pay for treatment and do not have options for free or affordable healthcare or health insurance plans.
  • Religious objections- Certain forms of treatment may not be allowed under the tenets of a person's religion. In these cases, a person will need to show that they are affiliated with a certain religion and identify the specific teachings that forbid the types of treatment that have been prescribed.
  • Disagreement between doctors- Multiple doctors that a person has seen may disagree about the types of treatment that should be used, making it difficult or impossible to determine if treatment prescribed by one doctor would be effective.
  • Prior history of treatment- If a person had previously received a certain type of treatment that was not effective, they may have good cause for refusing to undergo similar treatment.
  • Risks to a person's life and health- A person may object to certain types of treatment, such as open-heart surgery, organ transplants, or amputations, because these treatments have a high risk that a person will die or lose a limb.
  • Risk of addiction- If a person is prescribed opioid painkillers, they may refuse this treatment out of a fear that they will become addicted to these substances.
  • Incapacity- A person may have failed to undergo treatment because they do not have the mental capacity to understand the consequences of failing to follow a doctor's recommendations.

Contact Our Denton County Social Security Disability Attorneys

There are multiple valid reasons why a person may not follow the treatment prescribed by their doctor. If Social Security has denied disability benefits to you based on these issues, the attorneys at the Law Offices of Coats & Todd will help you take the right steps to prove that you have had good cause to refuse recommended treatments. We will work to ensure that you will be able to receive benefits to address your needs. Contact our office by calling 972-671-9922 to arrange a free case evaluation. We assist with the denial of Social Security disability claims in Dallas County, McKinney, Plano, Allen, Frisco, Denton County, Dallas, Lewisville, Collin County, and Denton.

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