The Social Security Administration (SSA) holds strict guidelines for who they allow to receive Social Security Disability Insurance (SSDI) benefits. This means that you must be precise and play by their rules while they review your application. This includes being committed to your recommended treatment plan. Continue reading to learn if you can be denied benefits for failing to follow treatment and how an experienced New Jersey SSDI benefits lawyer from The Law Offices of Sheryl Gandel Mazur can help you stay on track.
Can I be denied SSDI benefits for failing to follow my treatment plan?
First of all, a prescribed treatment plan is considered a detailed plan with information about your disease, the goal of your treatment, your treatment options and their possible side effects, and your expected length of treatment. So, general lifestyle advice by your doctor, such as a recommendation to diet or exercise, is not regarded as a prescribed treatment plan.
But if your doctor orders you to a comprehensive plan, which may include medication, surgery, therapy, use of durable medical equipment, and/or use of assistive devices, then you must diligently follow it to its fullest extent. Otherwise, the SSA may deny your claim for SSDI benefits for “treatment non-compliance.” This is because the SSA may assume that you would have the ability to participate in a substantial gainful activity and return to full-time work if you followed your prescribed treatment plan.
What argument can I make for not following my treatment plan?
You may have an understandable justification as to why you are not meeting the criteria of your prescribed treatment plan. So in your appeal for SSDI benefits, you may attempt to make any of the following arguments:
- You may argue that you cannot reasonably afford your prescribed treatment plan and that there are no free or low-cost alternatives readily accessible to you.
- You may argue that you have a mental illness that prevents you from following your prescribed treatment plan.
- You may argue that you have an extreme fear of surgery that prevents you from following your prescribed treatment plan.
- You may argue that your prescribed treatment plan goes against your religious beliefs.
- You may argue that your one doctor’s prescribed treatment plan goes against the opinion of your other doctor.
- You may argue that your doctor’s prescribed treatment plan is unreasonably risky.
- You may argue that your doctor’s prescribed treatment plan involved amputating one of your extremities.
You must remember that there are certain regulations in place to protect your rights to SSDI benefits. So please do yourself the favor of retaining the services of a skilled New Jersey SSDI benefits lawyer from The Law Offices of Sheryl Gandel Mazur today.