Fellow blogger and Social Security Lawyer, Gordon Gates recently updated his blog on the topic of failure to follow prescribed treatment. It is worth reading, and I agree with him that you should avoid this becoming an issue at your hearing.
Under the regulations, your disability claim can be denied if you would otherwise be found under a disability but fail, without justifiable cause, to follow treatment prescribed by a treating source which can be expected to restore your ability to work. See 20 C.F.R. 404.1530 (2009).
Further sub-regulatory authority can be found in the Social Security Rulings that define the necessary elements that must be present before Social Security can deny your claim. See Social Security Ruling 82-59. More recently, the Social Security Administration held that failure to follow prescribed treatment is a factor that can properly be considered in determining your credibility. See Social Security Ruling 96-7p.
If you, or someone you know, is suffering from severe health problems keeping you from working, we advise you to speak with an attorney. We handle cases throughout the state of Texas, but we are always happy to give you a referral if we are unable to assist you.
