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Will not following prescribed treatment lead to a denied claim?

Missourians who are seeking Social Security disability benefits should be aware of the federal requirements that are part of the process. This goes beyond being disabled and meeting the basic criteria to be approved for benefits. It includes adhering to the prescribed treatment to try and improve the situation so the person can do what is necessary to get back to full fitness and have the chance to work. For those who do not follow the prescribed treatment, it is important to understand the Social Security Administration's rules and how it will impact the case.

When a medical professional gives a prescribed treatment, the person must adhere to it if it is expected to improve his or her condition sufficiently so they can get back to work. If the person fails to follow the prescribed treatment and does not have a good reason for doing so, the SSA can decide that the applicant is not disabled. If he or she was getting benefits when the failure to adhere to the prescribed treatment took place, the benefits can stop.

There are, however, certain reasons for which it is acceptable to not adhere to the prescribed treatment. The SSA will take it into account if the person has limitations in their mental, physical, educational and language abilities when it is decided if the reason for not taking part in the prescribed treatment is sufficient. There are certain viable reasons for not adhering to the prescribed treatment including the treatment being in violation of the person's religious beliefs; it runs the risk of worsening an impairment; if there was a surgical procedure done, it did not alleviate the problem and the same surgery is recommended; if the treatment is of sufficient seriousness or is unusual enough that it puts the person in danger; or if the treatment means there will be an amputation. There are other justifications.

For people who are seeking or already receiving SSD benefits and there is a dispute over the prescribed treatment and the applicant failing to follow it, it is important to understand how this can be dealt with to still get the benefits. A lawyer who understands Social Security disability claims can assist with a case and help a person deal with disputes about prescribed treatment.

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Alan E. DeWoskin, P.C.
225 South Meramec Avenue, Suite 426
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