Fighting A Denial Based On Lack Of Treatment In The Carolinas

In this article, you will discover:

• Why Social Security denies disability claims due to a lack of medical treatment
• What to do if you can’t afford medical care while you’re applying for disability
• How to explain treatment gaps in your disability application

Why Does The Social Security Administration Often Deny Disability Claims Due To A “Lack Of Medical Treatment”?

The number one requirement you have is to provide documentation of disability. If you can’t provide that documentation, then Social Security can’t find that you are disabled. It doesn’t matter how many times you tell them what happened to you. If they don’t see medical documentation, they won’t have the evidence to support your application.

You must follow through and tell your doctors truthfully about the difficulties you’re having. Hopefully, you’re working to access specific doctors, clinics or mental health facilities. Having access to these resources allows you to get the treatment you need. Equally important, having that documentation is really the only way to get Social Security to approve a claim.

What If You Couldn’t Afford Medical Care Or Didn’t Have Insurance When Applying For Disability Benefits?

You can file for Medicaid. If you have no income, you may be able to access local free or low-cost clinics. Some medical facilities provide care on a sliding scale basis or based on income.

How Should You Explain Treatment Gaps In Your Social Security Disability Application Or Appeal?

In some situations, there’s more emphasis on the primary care physician treating you. When you see that doctor, tell them you’re having difficulty getting treatment and that you can’t get in to see specialists.

It will be clear in the medical record that you were able to see a primary care doctor or the doctor down at the local clinic. The records will also reflect that you weren’t able to see the neurologist, orthopedist or any specialist.

If you’re not seeing a specialist but your attorney believes you have a valid claim for benefits, a Social Security doctor’s evaluation may be sufficient.

Your attorney will notify Disability Determinations if there’s a treatment gap. Ultimately, they may have an opportunity to discuss that issue with an Administrative Law Judge. It may be that you haven’t seen a doctor for six months, even though you wanted to, because you couldn’t afford it.

Explaining your intention to see a doctor and what happened during that period by providing written statements or testimony from third parties or family members can be beneficial. This testimony and evidence will clearly indicate your investment in the disability process.

Attorney David Lund is a skilled lawyer based in Charlotte, North Carolina, who has helped countless clients like you navigate the intricacies of Social Security Disability law. With decades of experience, he is prepared to assist you in getting your claim approved and receiving the medical care you need, even when money is an issue.

Still have questions? Ready to get started? Contact Lund Law Carolina today to schedule an initial consultation.

Should You Wait To Appeal An SSD Denial Until You’ve Restarted Medical Treatment Or Found A New Provider?

In the interest of keeping a claim moving forward, because they do take so long, you don’t want to miss appeal deadlines or start claims all over again while you await the opportunity to see a doctor. However, there are circumstances in which pursuing the claim is pointless because you’re not getting adequate treatment to have it approved.

Having adequate documentation to demonstrate the disability can be challenging, but it’s necessary. Once you start seeing doctors, at the very least, you’ll get a basic level of care and establish the evidence you need to get a claim approved. While it may seem expensive, it’s ultimately an investment in your claim and your health.

Case Study: Can You Tell Me About A Case Where The SSA Denied Benefits Due To “Lack Of Treatment,” But You Turned It Around?

The experience of dealing with Disability Determination Services and dealing with a judge can be very different. Judges view the entirety of the record differently from the examiner at Disability Determinations.

We regularly have claims where I know the client hasn’t received the access to care they would want. Ultimately, when we get an examination by Social Security doctors or just basic-level care through the Health Department or a community clinic_, that gives us the bare-bones version of what that person’s dealing with.

Often, we can present those findings to Social Security and make a clear argument that our client’s conditions and their severity meet Social Security’s definitions of disability. It’s the lack of treatment that ultimately slows the claim down, making it harder to get approved initially, but in the end, the client is able to get their claims approved.

Still Have Questions? Ready To Get Started?

For more information on SSD denial for lack of treatment, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (704) 412-4773 today.