Posted By Golson McCracken Inc. || 8-Apr-2014

How will surgery affect the outcome of my Social Security Disability claim?

There is no simple answer to this question because each claim and each individual’s response to surgery is different. Here are a few things you should know.

1. If your doctor recommends surgery to improve your function or your pain level, Social Security will expect that in most circumstances a reasonable individual would go forward with the surgery. There are exceptions; if your religious beliefs preclude surgical intervention or if you have had repeated failed surgeries for the same impairment. If the cost of surgery is prohibitive, please make sure your doctor is aware of this.

2. If your surgery is successful, and corrects your impairment to the extent that after a reasonable recovery time you are able to return to work, Social Security may still find you eligible for a closed period of benefits if your impairment prevented you from working for 12 months or longer.

3. If physical or occupational therapy is prescribed post surgery, you will stand a much better chance of a successful rehabilitation if you participate fully under the care and advice of your doctor. If you fail to do so, Social Security may find that your medical non-compliance makes you a less than credible claimant for benefits. If your insurance will not pay for the recommended post-surgical therapies, please make sure that your doctor and therapists are aware that this is the reason you are not able to complete any or all of the recommended sessions.

4. If your doctor has recommended weight loss or smoking cessation to improve your surgical outcome, you should make every effort to follow this advice. Social Security may find that your failure to do so constitutes medical non-compliance, and question your investment in improving your health.

If you have questions about how a surgical procedure may affect your Social Security claim, call Golson & McCracken for a free and confidential case evaluation.