Oftentimes when people have a musculoskeletal disorder, doctors will recommend that they undergo therapy – or possibly even try surgery – to alleviate the condition. The difficult thing about getting this kind of potential help for these issues is that they take time, and there’s no medically definitive time table for individuals to reach the peak level of performance from these methods. All of this allows the SSA to continue holding off on your evaluation on the argument that you still might be getting better.
While it’s understandable that they wouldn’t want to incorrectly label someone as needing help when this need might evaporate in a few months, this policy puts claimants in the tough position of having to wait for benefits that they truly need. Luckily, the SSA guidelines realize this problem and include a compromise: maximum therapeutic benefit.
What Is Maximum Therapeutic Benefit?
The term refers to the point in your treatment or recovery where it can be logically inferred that you have benefitted as much as you possibly could from whatever medical intervention you underwent and aren’t going to get any better. For the purposes of SSA evaluations, this period is set at six months.
That means that six months after you have surgery or go through some other kind of medical intervention, the SSA can’t wait any longer to evaluate you and decide whether or not you qualify for benefits. This evaluation should occur regardless of any complications that occur due to this medical intervention, and may consider that information when reporting findings.
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How Does the Evaluation Work?
After you have reached maximum therapeutic benefit at six months, you should undergo an examination that looks at any residual limitations that still exist. Evaluations at this point not only have to look at your current level of function and how your impairment may be causing them, but also account for any issues that can be attributed to problems stemming from the medical intervention itself.
All of this can be quite complicated, which is why so many people turn to an experienced social security disability lawyer. It’s also why I wrote The Social Security Disability Puzzle, our free eBook on the ins and outs of filing – and winning – your Social Security Disability claim.
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