Disability Red Flag: Failure to Get Medical Care
Disability reality check: You will not be found disabled without medically documented proof you have Huntington’s Disease, and how it impacts your life and ability to work. You cannot get medical evidence without medical care.
Medical Evidence Rules
One of the biggest misconceptions about the disability application process is that having a diagnosis is enough to be found disabled. Specifically with HD, having a positive gene test is enough to be disabled. It is NOT enough. A gene test without appropriate medical care and medical records does not meet Social Security standards.
Social Security has clearly defined rules for its disability determination process. The rules are laid out in the Code of Federal Regulations. This means the Social Security disability process is federal law, and you will get denied if you do not follow the rules.
Social Security’s disability rules require a “medically determinable impairment” and Medical Evidence of Record from a treating physician. It is a HUGE red flag to submit a disability claim without medical evidence. In fact, a disability claim that alleges a diagnosis without any medical documentation or evidence will be denied.
Treating Physicians
In addition to the medical evidence requirement, Social Security requires evidence to come from the right source. Medical evidence needs to come from a licensed treating physician, specifically doctors and nurse practitioners. Treating physician evidence has the highest weight in a disability claim. Evidence from medical providers like nurses, physical therapists, speech therapists, and occupational therapists, is given the second highest weight.
This means evidence from your treating physicians and medical providers will have the greatest impact on your claim. This impact could be positive or negative. A detailed medical record file from your treating physician that accurately describes your Huntington’s disease, and any other conditions, will help your claim. A medical record file with limited notes and medical tests that indicates you are fine will hurt your claim.
Furthermore, submitting a disability claim with a complete lack of treating physician evidence will almost guarantee a denial. Self-medication and self-treatment are not acceptable forms of medical care for Social Security. Social Security has to see that you are making a good faith effort to get medical care for your medical conditions.
Medical Care and HD
Unfortunately, there is currently no cure for HD so not everyone seeks medical care. While there is no cure, there are treatments for symptom management. Regular medical care and symptom management help preserve quality of life. It also allows your medical care team to create the most appropriate treatment plan for you. Treatment plans for HD often include medication and various therapies. There are medications that help with chorea, anxiety, depression, irritability, sleeplessness, and more. Many individuals also benefit from physical, occupational, and speech/swallow therapy.
Ultimately, regular medical care helps build a strong disability claim, especially with HD. Since HD is a progressive condition, a clear history of medical care will help show progression over time. Medication and therapy records also provide fantastic evidence for disability claims.
Social Security Decision-Making
When Social Security makes a disability decision, it is based off a person’s claim file. There is no in-person decision. This means that the claim examiner who makes the disability decision is never going to see or speak with you, the applicant with HD. The claim examiner must rely on what is submitted via the application and medical records. It is your job and your responsibility to ensure the application accurately reflects your symptoms and limitations. That the application accurately tells your story.
Social Security cannot and will not approve your disability claim if they do not have enough information to know your Huntington’s disease is disabling and keeps you from working. They will not have enough information if you do not get medical care.
Continuing Medical Care
Finally, it is important to continue getting medical care while your disability claim is pending. It is also important to update Social Security about your care, especially if you have any unexpected hospitalizations or medical appointments. Social Security wants to see that you are making a good faith effort to get medical care for your Huntington’s Disease. Also, because Huntington’s Disease is a progressive condition, continuing to get medical care will help strengthen your claim.
Contact Us
If you have questions, you can always Ask Allison!
