Be careful with ALTERNATIVE medical treatment and Social Security Disability benefits

August 24, 2009 · Filed Under Health Law, Social Security · Comment 

When applying for Social Security benefits, it’s important to realize that, as the claimant, you bear the burden of proving that you’re disabled.  As a result, you need to ensure that you obtain the necessary treatment to support your case.   Unfortunately, this part gets a little tricky when you don’t have insurance or if you don’t have any money.

In some circumstances, people find themselves seeking alternative types of treatment.  Whenever I speak to people, I caution them about the use of alternative treatment.  Here’s a few reasons why:

1) Social Security relies heavily on medical treatment. No disrespect to the variety of different treatments such as ACUPUNCTURE or HOLISTIC MEDICINE but the regulations place a heavy amount of emphasis on treatment from doctors.   As such, even though you may have received treatment from someone who is a Doctor of Acpuncture or Doctor of Holistic medicine, SSA may not give this type of type much weight.

2) Be careful with Chiropractors. Let me start by saying that I have alot of respect for chiropractors.  They provide a meaningful service.  However, the simple fact is that the Social Security Administration does not give a significant amount of weight to treatment from chiropractors.  Now, don’ get me wrong.  If the chiropractic treatment is part of a treatment regiment established under the director of a physician, Social Security Administration may give the treatment more consideration.  Unfortunately, merely getting treatment from a Chiropractor independently is not always looked upon favorable.

3) Be careful with SELF treatment. So many times, people will take it upon themselves to review things on the internet and try different treatments that they find.  In some instances, these treatments actually work.  However, when you start treating yourself WITHOUT the supervision of a doctor, you have no way of actually monitoring the results.  Almost every time, Social Security will inquire as to WHO is treating you or WHO is providing these treatments.

4) Be careful with Medicinal Marijuana. For those of you who don’t know, as of this date, California is the only state that allows the prescription of ‘Medicinal Marijuana’.  The use of Marijuana is a very touchy issue as it relates to Social Security Disability.  Under the regulations, Social Security must determine whether Drugs or Alcohol are material to a finding of disability in your case.   If you are using drugs, Social Security must determine whether you are still disabled WITHOUT drugs.  Medicinal Marijuana presents a unique challenge in that only one state currently allows for its prescription.  Remember, it MUST be prescribed.   This situation may be more interesting if you receive the prescription in California and then relocate to another state.  Remember, prescription is the key.

5) Overseas Medical Treatment (creating your own treatment). Some people have the financial ability to cross the board to get the medications that they THINK they need.  I’m not referring to those people who live overseas and get treated overseas.  I’m talking about those people who purposely cross the border in an attempt to go around the local treatment by going overseas to try something they think might work.

Applying for Social Security Disability is a difficult process but it is an even funkier process when you are in a situation where you making your own treatment.  Remember, the Social Security Administration relies heavily on medical treatment from healthcare physicians and other medical providers so be mindful of the treatment you obtain.