Osterhout Berger Daley

COMMON QUESTIONS

Should I Seek Medical Treatment for My Disability?

If you’re considering applying for disability benefits, whether through Social Security disability Insurance (SSDI), Long Term disability (LTD), Short Term disability (STD), Veterans Affairs (VA), Railroad Retirement Board (RRB), or even private disability insurance policies, seeking consistent medical treatment is absolutely essential. Regular medical care not only supports your health, but it also strengthens your legal case by providing documented evidence of your condition. Without it, your claim may face serious setbacks.

Why Medical Treatment Is Essential for Disability Claims

Medical records serve as the foundation of any disability claim. They provide objective, third-party evidence of your condition, the severity of your symptoms, will document chronic side effects from your medications, if any, and may help show how your limitations impact your ability to perform work or daily tasks. It is virtually impossible for someone to prove their disability claim if they are not seeking treatment that can be documented by medical records.

For example, the Social Security Administration (SSA) relies heavily on medical documentation to assess claims. Evaluators review whether your condition meets criteria in the SSA’s Blue Book, and they look for ongoing, consistent evidence of treatment. In the absence of that, your case may be denied, even if you are genuinely unable to work.

In private disability insurance claims (such as with The Hartford, Mutual of Omaha, or Reliance Standard), the insurer will often require proof of not just diagnosis, but active treatment. Claims adjusters review your doctor’s records, the frequency of visits, any hospitalizations, medication logs, and your response to treatment to determine whether the disability is severe and continuous enough to justify benefits.

How Medical Evidence Is Used in Different Disability Programs

While the principle remains the same, the role of medical treatment varies slightly across programs:

  • SSDI and SSI: Requires recent and ongoing treatment from licensed providers, ideally with notes that support your inability to work full-time. Gaps in treatment are often flagged.
  • LTD and STD: Insurers often require updates from your treating provider every 30 – 90 days. A lack of compliance with treatment recommendations can be used to deny or discontinue benefits.
  • VA Disability: VA claims examiners rely on both VA treatment records and private medical records. If you stop seeking care, your claim may be seen as less credible or suggest improvement.
  • Railroad Retirement Board (RRB): Medical documentation is critical, and RRB disability annuities have strict standards for both duration and severity.

Across all of these systems, regular treatment and well-documented limitations create a clear picture of your disability and demonstrate that you’re taking your condition seriously.

Consequences of Not Seeking Medical Treatment

Failing to seek regular medical care can jeopardize your claim in several ways:

  • Lack of Evidence: Without doctor notes, test results, or specialist input, it’s difficult for decision-makers to understand your limitations.
  • Gaps Suggest Improvement: Missed appointments or long gaps in care may be interpreted as signs that your condition has improved, even if you are still struggling.
  • Claim Denial or Discontinuation: Many claimants are denied benefits simply because there is not enough medical evidence to support their claim. Others may lose benefits if treatment stops for an extended period.

What Counts as “Consistent Medical Treatment”?

You don’t have to visit a doctor weekly, but consistency matters. The most important consideration is that you are seeing your doctor as the doctor suggests. For instance, if your specialist needs to see you every three months to effectively treat your condition, failure to stay on the schedule prescribed by the doctor can affect how an agency or insurance company views your case. Being “consistent” includes:

  • Routine visits with a primary care provider or specialist (e.g., neurologist, rheumatologist, psychiatrist)
  • Mental health treatment for psychiatric conditions
  • Physical therapy or rehabilitation appointments
  • Medication management visits
  • Imaging, bloodwork, or diagnostic testing recommended by a provider

Even if you don’t feel like treatment is helping, it’s important to continue showing up. This also allows your medical team to adjust treatment plans and add notes that support your limitations.

Barriers to Treatment and How to Overcome Them

We understand that seeking treatment can be difficult. Here are ways to address common barriers:

  • No Insurance or Low Income: Seek care through community health clinics or hospital charity programs. Many offer sliding scale payment options.
  • Mobility or Travel Issues: Telehealth has become more widely accepted. Many doctors and specialists now offer virtual visits.
  • Mental Health Struggles: If anxiety, depression, or PTSD prevents you from seeking care, bring this up with a trusted friend or advocate. These conditions are also disabling and should be treated and documented.
  • Bad Experiences with Doctors: If you feel dismissed or misunderstood, seek a second opinion. Specialists may be more familiar with complex or rare conditions and can often provide better documentation for your case.

Real-World Example

Consider a claimant diagnosed with fibromyalgia, a condition that is not proven with lab tests or any kind of objective test, but is based on regular confirmation by hands-on examinations by the PCP and specialist. Without medical treatment, it’s virtually impossible to verify the severity of ongoing symptoms and limitations related to fibromyalgia. But if that same person visits a rheumatologist every few months, keeps a pain journal, undergoes physical therapy, and takes prescribed medications, the claim becomes much stronger. Each of those actions adds supportive documentation that can be used in a claim, appeal, or hearing.

How OBD Can Help

At Osterhout Berger Daley, we’ve helped thousands of clients secure benefits across multiple disability programs, including:

  • Social Security Disability (SSD and SSI)
  • Long Term and Short Term Disability (LTD and STD) through insurers like MetLife, The Hartford, and Guardian
  • Veterans Affairs (VA) Disability Compensation
  • Railroad Retirement Board (RRB) Disability
  • Individual Disability Insurance (IDI) Policies

Our attorneys understand the challenges of navigating treatment and documentation. We help clients:

  • Identify gaps in their medical record
  • Communicate with their providers
  • Refer them to trusted professionals if needed
  • Prepare documentation for appeals or hearings

We work to ensure your medical story is told clearly and accurately because we know how much it matters.

Ready to Take the Next Step?

If you’re considering applying for disability benefits or need assistance with an existing claim, don’t hesitate to reach out. We offer free consultations and are here to support you.

Call us at 412-794-8003 or 1-866-438-8773 (toll-free), or fill out our secure intake form. We’re ready to help you take control of your disability claim and secure the benefits you deserve.

Note: This article is for informational purposes only and does not constitute legal advice. For personalized assistance, please consult with one of our qualified attorneys.


Contact  Us

Navigating disability claims and personal injuries can be daunting. At Osterhout Berger Daley, we ensure that all crucial evidence is meticulously gathered and presented. When beneficial, we can facilitate specialized exams and secure medical opinions. Our advocacy extends to crafting compelling legal arguments that meet the definition of disability under applicable laws. As dedicated partners in your legal journey, we are committed to your well-being. Contact us for a consultation, and let’s move forward together towards resolution and peace of mind.