Medical Treatment and Your Claim

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1. The Importance of Medical Treatment and Your Claim: SSD and Personal Injury.

REVIEWED BY

C. William Kenny

March 03, 2022

Board certified by National Board of Trial Advocacy

The Importance of Medical Treatment and Your Claim: SSD and Personal Injury.

Whether you are going through the Social Security Disability process or pursuing a personal injury claim, medical treatment is key to building a successful case.

Social Security Disability Benefits

To be awarded SSD benefits, an individual must meet the Social Security Administration’s strict definition of disability and be unable to work for a minimum of 12 months.

The law defines disability as the inability to engage in full time work activity, or work activity above certain earning limits, by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.

It is important for applicants to work with their doctors and follow all medical treatment plans. This will show the SSA that you are trying to improve your condition.

Medical records are the main pieces of evidence the SSA looks at when making a decision on your SSD claim.  The SSA wants to see that you have sought treatment for your conditions. If you fail to follow through with medical treatment, the SSA might view your disability as not as limiting as you say it is.

Once you speak with a medical team, they will provide you with a diagnosis and a medical plan, it is important for you to follow the plan and stay in consistent treatment.

This includes seeing other referred doctors and specialists, taking medication and other therapy options. 

When you fail to follow a treatment plan, Social Security may view that as you not trying to get well and feel you can go back to working.

If Social Security sees in your application that you have failed to seek or comply with treatment, someone from the agency may contact you to find out whether there are acceptable reasons for your failure to comply.

Some acceptable reasons for stopping treatment would be lack of health insurance, medication side effects and being told by a doctor that no treatment would be effective. 

You can always be proactive and tell the SSA why you have not done more to treat your condition when you apply for these benefits.

If you are suffering from a disability and can no longer work, you should apply for Social Security Disability benefits right away. The disability process can take a long time. It is important that you apply as soon as you feel you cannot work due to your disability. 

Personal Injury Cases:

One of the most important things accident victims can do during their personal injury case, is to continue with their medical treatment.

Stopping treatment or failing to follow doctors’ orders could result in a lower settlement offer.

Attorneys will pursue full compensation of the damages you sustained in your accident, but the insurance companies can be quick to deny your claim.

The at-fault’s insurance company can argue that if you are not seeking treatment, your injuries are fully healed and therefore, you cannot add any more medical costs or damages to your existing claim.

It is important to seek medical treatment right after an accident, otherwise insurance companies can deny that your injuries were caused from the accident.

It is also important to continue this treatment for your attorney to build you the strongest case possible.

Following a doctor’s orders is not only essential to your wellbeing but it also shows the insurance company the severity of your injuries.

If you were injured in an accident and have questions, contact the personal injury attorneys at Berger and Green.

Getting Help with a Disability or Injury.

Call our attorneys at Berger and Green at 412-661-1400 for a free no obligation consultation to discuss your claim.