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Cook County Social Security Disability Benefits Lawyer

Chicago Attorney for Social Security Disability Benefits Applicants Denied for Failure to Follow Prescribed Treatment

The vast majority of applications for Social Security Disability benefits are denied. There are numerous reasons a claim may be denied, and one of the most common is for not following prescribed treatment. In general, claimants are required to follow treatment prescribed by medical professionals so their condition will improve. However, there are instances when failure to follow prescribed treatment is acceptable. The challenge is convincing the Social Security Administration (SSA) you had a valid reason to do so.

At Pearson Disability Law, LLC, our singular focus is helping clients qualify for Social Security Disability benefits. Managing attorney Jonathan L. Pearson has helped thousands of individuals in the Chicago area and throughout Illinois become approved for Social Security Disability, even after being denied on the initial application. Mr. Pearson has an in-depth understanding of the Social Security Disability application process and how to overcome roadblocks to receiving the benefits you deserve. He is a member of the National Organization of Social Security Claimants’ Representatives (NOSSCR) and Chicago Bar Association and handles each case personally. In addition, he works entirely on a contingency basis, so you only pay attorney fees if he wins your case.

Acceptable Reasons for Failure to Follow Prescribed Treatment

It is understandable that the Social Security Administration (SSA) would require disability claimants to follow the treatment prescribed by their doctors, and failure to do so is generally grounds for a denial. However, there are some exceptions to this rule. Instances when it may be acceptable not to follow prescribed medical treatment include:

  • You are unable to afford the prescribed treatment; it is not covered by your health insurance and there are no available free or low-cost options;
  • The prescribed treatment violates one of the tenets of your religion;
  • Mental illness which causes the claimant to miss appointments and/or not take prescribed medications;
  • You already had surgery for your medical condition and it did not improve. Now the same surgery is being recommended again;
  • The prescribed treatment is very risky in nature or involves amputation of a major extremity; and
  • The potential side effects of a prescribed treatment are worse than the impairment.

If the SSA denies your application for failure to follow prescribed treatment, you may be able to prevail upon appeal if you can prove you had an acceptable reason. Because many claimants are unable to work and have very little income, lack of financial resources is often a valid reason for not following the prescribed treatments.

During an appeal, it is important to provide as much medical documentation as possible to support your case. This helps bolster your credibility and allows the judge or Appeals Council to understand your entire health picture and why it was necessary to deviate from what was recommended by the medical professionals involved. At Pearson Disability Law, LLC, Attorney Pearson works closely with the claimant and his/her doctors to compile all necessary documentation to strengthen your case and increase your chances of gaining approval. Contact our office today at 312-999-0999 for a free consultation.

You are not alone. Call now for a FREE consultation 312-999-0999

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