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FAILURE TO FOLLOW MEDICAL TREATMENT = DENIED CLAIM

Social Security will actually deny a disability claim if you fail to follow prescribed medical treatment.  It's the law. 


20 Code of Federal Regulations § 404.1530 requires claimants to follow prescribed medical treatment.

The rationale is:  if you took your medications, had the surgery, or did what your doctor recommended, you might get better and would no longer be disabled.  By failing to follow your doctor's advice you willfully refuse to try to get better.

For example, if you claim to be disabled by elevated blood pressure but take no medication, it stands to reason that your blood pressure may be controlled with proper medication.  If you claim to be disabled by seizures, it is important that you give medication a chance to control the seizures.  If your impairment can be controlled with medicine or other medical remedies, then you are not disabled under Social Security regulations. 

If you are applying for new Social Security disability benefits and fail to follow medical treatment, you almost certainly will be denied.

If you currently receive Social Security disability or SSI benefits and fail to follow medical advice, your payments may be stopped.

Of course, an individual has the right to refuse medical treatment.  You cannot be forced to accept any treatment in most cases.  However, the Social Security Administration may refuse to pay for a disability when failure to comply with treatment occurs.

There are some exceptions, of course.  A person with severe mental illness may stop taking medications or halt other treatment as a result of the illness.  This can be a legitimate excuse for not following medical treatment.   

One notable attorney said:  "The path for disability benefits runs straight through your doctor's office!"


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