What Are Remedial Ailments
The Social Security Administration rules say that:
“if an impairment can reasonably be remedied by treatment, it cannot serve as a basis for finding of disability.”
What this means is if you have a medical condition that can be “cured” with reasonable treatments, and you refuse to undergo these treatments, you may end up ineligible for Social Security Disability benefits in Arizona.
Multiple Federal Courts have recommended looking at the following points to determine whether there is good cause for refusing to undergo a treatment. The courts will look at the following circumstances:
- If the operation is major and presents certain dangers
- If the doctors are not definite about the possibility of recovery
- If the claimant has a genuine fear of the operation.
Federal Courts have also rendered decisions on claimants who refused to take their medications which furthered their disability. If a court finds that medication provides relief and improves the person’s condition, we believe there is a good chance that they may not be found disabled under the Social Security Act.
Inability to pay for medical care may excuse a refusal to remedy a condition as well. There is a Social Security Rule (82-59) that says that inability to pay for treatment is good reason for a refusal to follow prescribed treatment.
Fendon Law Firm is the largest family-owned and operated workers’ compensation and Social Security disability law firm in Arizona. Please call us for a free Social Security disability consultation, or free workers’ compensation consultation. Thank you.