Keeping Medical Records and Following Treatment Is Essential to Receiving Disability Benefits

July 27,2017
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disability benefitsIn order to ensure that you receive your disability benefits for many years to come, you should retain copies of all of your medical records and following through with all recommended medical treatment protocols.

We are fortunate to have a government which provides assistance to disabled Americans who can no longer work as a result of a serious disability. Social Security disability benefits are overseen by the Social Security Administration, and the federal government’s disability program provides the following benefits for qualifying individuals:

  • Monthly stipends for the disabled person
  • Monthly stipends for qualifying family members of the disabled person
  • Medical coverage under Medicare

Applying for and obtaining Social Security disability benefits can be a long and tedious process, which can take anywhere from 1-to-2 years. If you are in the process of filing a claim for disability, the lawyers at Insler & Hermann, LLP can help you obtain the benefits that you need.

Proving Permanent Disability

One of the most difficult parts of making a claim for disability benefits is proving that you are permanently disabled. It is only upon a finding of permanent disability that the government will award you disability benefits. The problem is that in many cases, people become so frustrated with their current medical condition or lack of improvement that they simply give up and stop treating with a health care provider. However, that can create problems later on.

In order to prove that you have sustained a permanent disability, you will need complete medical records which document your condition and medical treatment. Once you stop treating for a condition, however, no more medical records are produced. A lack of treatment records can make it extremely difficult for you to prove permanent disability to the Social Security Administration.

In order to award you disability benefits, the Social Security Administration must be convinced that you are continuing treatment, that you are following through with all medical treatment, and that you are at least trying to recover from your injury or condition.

Medical Treatment

In order to receive disability benefits, it is also important for you to follow through with all of your health care provider’s treatment recommendations. This usually means doing the following:

  • Seeking treatment from a specialist, if recommended
  • Attending all medical and physical therapy appointments
  • Arriving to all medical appointments on time and staying for the entire appointment

Some acceptable reasons for not following through with recommended medical treatment include the following:

  • Severe mental illness
  • Lack of money to pay for treatment
  • Doctor prescribing a course of treatment with which other doctors do not agree

Mental Impairment

Mental impairment, such as depression resulting from physical injury, may also be classified as a disability for purposes of disability benefits. However, as with physical conditions and limitations, there must be a medical record which establishes a firm diagnosis for the mental condition and which outlines a treatment or care regimen for the condition.

Because oftentimes a social stigma comes with with mental conditions and mental illnesses, people oftentimes forgo medical treatment for these conditions. However, seeking medical treatment and following through with all prescribed medical treatment is of the utmost importance when it comes to receiving compensation through social security disability.

Contact a New York Disability Benefits Lawyer Today to Discuss Your Case

If you need help with your Social Security disability benefits, you need experienced legal representation on your side every step of the way. A lawyer will be able to evaluate your claim and can help you obtain the compensation that you need. Contact Insler & Hermann, LLP by calling (914) 286-3030 today.