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Those who want to receive Social Security disability benefits must demonstrate that their disability is legitimate. Since legitimate illnesses, disorders, and conditions require regular medical care, the Social Security Administration (SSA) assumes that applicants suffering from them must see various providers periodically. They also assume that if there is a gap in treatment, the applicant is ineligible for benefits because their health has been stabilized. Unfortunately, this is not always the case. 

When a Gap in Treatment Is Acceptable 

The SSA scours every applicant’s medical records for gaps in treatment. Any unexplained breaks are grounds for a denial because they indicate the patient either recovered or did not comply with treatment; however, those who can explain their lapses in medical care might still be eligible for Social Security disability benefits. Acceptable explanations include mental impairments and financial struggles. Those who have tried all possible treatment options or have reached maximum medical improvement but are still unable to work might also remain eligible for benefits. 

When a Gap in Treatment Is Unacceptable 

Social Security disabilityThe SSA wants to see that applicants take their condition seriously. That means following the doctor’s orders. Therefore, if you refuse to undergo a particular procedure against medical advice, the SSA will likely deny your claim. The only scenario in which refusing treatment might be an acceptable excuse for a gap in care is if you have already undergone several similar approaches and none have worked. In these cases, testimony from a medical expert can help explain why the refusal was justified. 

 

If you want to apply for Social Security disability benefits despite a gap in medical treatment, turn to Lein Law Offices. Located in Hayward and Winter, WI, this firm has been representing sick and injured clients throughout the area for more than 25 years. Their seasoned attorneys can assist with every stage of the application process, from filing the initial claim to submitting an appeal. They are also well-versed in estate planning, bankruptcy, personal injury law, and criminal defense. To request a free initial consultation, visit their website or call (715) 403-5045. 

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