We do not request reimbursement of costs
(such as repayment for obtaining medical records)
from veterans nor from people who suffer from multiple sclerosis.
Social Security Disability claims are denied for many reasons, but gaps in medical treatment are an especially common issue.
If you’re telling the Social Security Administration (SSA) that your condition is so severe you can’t work, the SSA expects to see a treatment history that reflects that, and that shows you’re doing all you can to manage it. Usually, this would include consistent doctor visits, ongoing medication management, specialist referrals, and follow-up care.
That’s why ongoing medical treatment is so important in an SSDI claim. A pause in treatment, even for perfectly legitimate reasons, could cause a disability examiner or administrative law judge to conclude that your condition improved, that your symptoms aren’t as severe as you claim, or that you’re not making a good-faith effort to get better.
These conclusions can result in your SSDI benefits being denied, even when your condition is severe enough to prevent you from working.
Most treatment gaps have nothing to do with whether you're truly disabled. The most common reasons for a pause in treatment include:
Loss of insurance coverage, inability to pay copays or deductibles, or inability to afford transportation to appointments are among the most common reasons people stop seeking care.
Depression, anxiety, or cognitive impairments that make it difficult to schedule and keep appointments are also legitimate reasons that may qualify as explanations for treatment gaps.
Some patients stop treatment because they’ve been told nothing more can be done, or because side effects from medication became intolerable.
The SSA is supposed to consider whether you've made a good-faith effort to get care before holding a treatment gap against you. In fact, the regulations specifically state that your inability to afford treatment is a valid explanation for stopping care.
Unfortunately, unless these reasons are explicitly documented in the record or raised during the hearing, the SSA may never consider them. The burden falls on you to make sure these explanations are part of your case, which is why it's a good idea to get help from an experienced SSDI attorney to present this information during your claim.
Getting ongoing medical treatment doesn’t just help you avoid damaging your claim. It also helps ensure your medical record shows the course of your condition over time. This makes it easier to demonstrate the severity and persistence of your impairment.
Regular treatment records allow your doctors to document:
These records help to show that your condition matches a listing in the Blue Book, which is an SSA document that lists impairments that may qualify you for benefits if you have all the required symptoms.
They can also help show your residual functional capacity (what you can do, given your condition), which is often a key deciding factor in SSDI cases that don’t meet a Blue Book listing.
Judges look for patterns, and a strong treatment history creates the kind of pattern that supports a finding of disability.
If you’ve already experienced a gap in your treatment history, the most important step is to resume treatment as soon as possible. Even if your hearing is coming up soon, recent treatment records that document your current condition are valuable and can help offset the gap.
Next, work with your SSDI attorney to decide how you’ll explain the treatment gap. This might include:
Judges are often receptive to honest explanations, while they respond poorly to an unexplained gap with no context.
If cost is the barrier, explore community health centers, free clinics, and sliding-scale mental health providers in your area. Many disability attorneys, including our firm, can help connect you with treatment resources while your claim is pending.
At Chermol & Fishman, we review every client’s treatment history for gaps, inconsistencies, and missed opportunities to build a stronger record. When we identify gaps in ongoing medical treatment that could affect your SSDI claim, we work with you to document the reasons, obtain supporting evidence, and when possible, to re-establish treatment before their hearing.
We also work directly with treating providers to help them make sure their records accurately reflect your conditions and limitations. A doctor’s detailed notes and opinions carry enormous weight, but only if they’re in the record.
Our goal is to present the administrative law judge with a treatment history that tells a complete, credible, and persuasive story about your disability so you can maximize your chances of getting your benefits claim approved.
Ready to Get Help? If you’re concerned about treatment gaps or other evidence issues in your SSDI claim, contact Chermol & Fishman, LLC for a free consultation. Call us at (888) 774-7243 or visit myphiladelphiadisabilitylawyer.com.