There’s a little-known rule the Social Security Administration has created which basically says you’re required to follow any treatment that might help you get better. If you don’t do this, they’ll deny your claim.
The amusing part about this rule is that in order for the SSA to use it against you, they basically have to argue that you have a valid disability that would be covered. How so?
- You need to have an impairment that prevents you from “substantial gainful activity.”
- This impairment is expected to stick around for at least a year or lead to death.
- In order for you to do any SGA, you need treatment.
These things are practically a laundry list of what you need to prove that you should get disability, but the SSA must argue them to get to the final point:
- There’s evidence showing that you’ve refused or ignored prescribed treatment.
One of the most common arguments claimants use to fight this ruling is that they can’t go through the recommended treatment because they can’t afford it. Unfortunately, simply saying this is rarely enough to reverse the decision.
Make Sure That You Document Everything
It’s not enough to say that you can’t pay for treatment. You have to maintain records of your finances as well as the cost of treatment in your area in order to show that it’s beyond your means to pay for it. But that’s not all.
For many conditions, there is often some sort of subsidized or even free treatment that can be obtained for those who look hard enough. It’s the job of the claimant to make sure that they’ve chased down every lead and exhausted resources in their area before giving up and making the argument that they just can’t afford the treatment. But, again, it’s not enough just to chase these leads down – you have to document your communication so that it can be used as evidence.
For a free legal consultation, call 800-562-9830
Get Help from an Experienced Social Security Disability Attorney
Unfortunately, it’s not always easy to track down information on free services. That’s why many people turn to an experienced Social Security Disability attorney in their area who is likely to be more familiar with anything that might be available to them. We also strive to keep people up-to-date with our weekly blog, and have even created a free eBook about Social Security Disability to answer some of the most common questions and confusions. The best way to get the help you need is to stay proactive and know the rules.
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