“Winning Social Security Disability benefits is hard—very hard—and you can be turned down for many reasons.” advises disability attorney Lawrence Mabes.
“One of the most common reasons for denial is when claimants do not regularly see medical professionals for their disabling conditions, or when they do not follow all prescribed treatments. This kind of denial is often completely avoidable.”
If you stop seeing your doctors while you’re pursuing disability benefits, you could potentially be jeopardizing your claim and putting your health at risk.
The Social Security Administration (SSA) will be looking for consistent and ongoing medical documentation to verify the severity of your condition and determine if you are unable to work, so you qualify for benefits.
If you do not show up for doctors’ appointments, or if you do not precisely follow prescribed treatments, your disability claim will likely be denied.
“An important story involves our client who I’ll call Yolanda to protect her privacy,” Mabes recalls. “Yolanda had numerous medical problems that prevented her from working, but she moved downstate, and it was harder for her to get ongoing treatment for her disability.”
“Additionally, she believed that she didn’t need the treatment, as she thought the diagnosis of her disability was enough. It wasn’t. Her claim for benefits was denied after a hearing with an administrative law judge. Once she resumed treatment and started to see specialists, she refiled her disability claim, and she was approved on a new initial application.”
Medical documentation itself is also crucial to being awarded disability benefits.
To prove your disability, the SSA relies on medical records from your doctors. Not seeing them regularly weakens your case.
Even if your condition seems stable, consistent follow-ups with your doctors and reporting your symptoms produces ongoing evidence that you need.
It also demonstrates that you are actively managing your health and taking any steps that you can to maintain your ability to work. If you stop seeing your doctors without a valid reason, the SSA may think your condition has improved enough for you to work, and your claim may be denied.
“Our advice to anyone seeking either Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) benefits is very simple: continue to see all your health care providers and follow all prescribed treatment plans,” Mabes says.
“Your case may be decided by an administrative law judge. ALJs preside over hundreds of disability cases every year. For this reason, you will want your case to be indisputable, to stand out from other cases. One of the best ways to do this is to have a solid record of doctors’ appointments and treatments.”
“Seeing a doctor once a year for a checkup may be okay for healthy individuals. But for those affected by work-limiting disabilities, a once-a-year appointment is usually not enough. We also recommend that you keep a disability journal—a written record of how your disability affects your day-to-day living and what you do to manage it. Take your journal with you to your medical appointments and ask your doctor to sign your entries.”
“A common reason we hear for not following prescribed treatments is a concern about potential side effects. Rather than just stopping treatment, you should have a frank discussion with your doctor to assess the risks to your health associated with a treatment plan versus the risks of not being treated. Discuss alternative treatment options with your doctor before stopping treatment.”
“We understand that not being able to work due to a disability can create financial hardships, and often clients will tell us that they don’t see doctors regularly because they don’t have medical insurance and cannot afford the cost,” Mabes adds.
“As difficult as that situation can be, understand that the SSA is not going to be sympathetic to this problem because there are low-cost and no-cost clinics that may be able to help you.”
These are some resources to help you find medical care if you don’t have insurance:
For more tips on how to strengthen your claim for disability benefits, read this blog post from the Chicago disability lawyers at Nash Disability Law:
“5 Ways to Improve Your Social Security Disability Claim.”
And did you know that if you have a representative such as a disability lawyer, you’re nearly three times more likely to be allowed benefits after a hearing than someone without representation? The U.S. Government Accountability Office studied disability hearing results and discovered that number.
The Chicago disability attorneys at Nash Disability Law stand ready to fight for your rights. Call or email us for a free evaluation of your case. We have offices in Chicago and Palos Hills to serve you.