I don’t want to have surgery, can Social Security make me?
As a general rule, if you are applying for Social Security disability benefits or appealing a Social Security denial, Social Security can penalize you for noncompliance with your doctor’s instructions about your medical treatment or care. That means Social Security may deny your disability claim if you do not follow your doctor’s instructions.
However, there are exceptions!!! Social Security cannot just use the non-compliance rule whenever it wants to. See Social Security Ruling SSR 82-59.
First, the doctor actually has to prescribe the treatment. Not just merely discuss the option of treatment.
The treatment must also be clearly expected to restore functioning to the point that you are no longer disabled. That means, that the treatment is expected to allow you to go back to full-time work. If you would still be disabled in spite of the treatment, then non-compliance is not an issue.
The evidence shows that you have refused to follow the treatment.
Even if Social Security can meet these three burdens, there are reasonable excuses which will prevent Social Security from penalizing you for not following doctor’s instructions.
