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A gentleman named Mike writes in with a question about recommended medical treatment. Mike has been diagnosed with severe depression and he reports that the psychotropic medications prescribed to him have not worked well. His treating psychiatrist is now recommending electroconvulsive shock treatment (ECT), but Mike does not want to undergo this treatment because of possible side effects and risks.
If Mike refuses this treatment, or if any claimant refuses to undergo treatment recommended by a treating doctor, will Social Security consider that as non-compliance? Will refusal to agree to treatment hurt one’s case? In the following video, I try to answer this question.
Jonathan Ginsberg represents clients in disability claims filed with the Social Security Administration.
Would you like your Social Security disability question answered on Jonathan's podcast? Record your question for Jonathan directly from your computer.
About Jonathan Ginsberg
MY BROTHER IS CURRENTLY RECEIVING BENEFITS, HE IS IN NEED OF A LIVER TRANSPLANT. THE PROBLEM IS HE WANTED TO CHANGE HIS PRIMARY CARE DOCTOR, WE CALLED ANOTHER DOCTOR TO MAKE SURE HE WAS ACCEPTING PATIENTS AND HE WAS, WE CONTACTED GEORGIA DEPT OF COMMUNITY HEALTH AND MADE THE CHANGE. THE CHANGE WAS EFFECTIVE 2/01/08. HE RECEIVED HIS NEW CARD W/THE NEW DOCTOR’S NAME. WE MADE AN APPT WITH THE NEW DOCTOR FOR FEBRUARY. THE DAY OF HIS DOCTOR’S APPT HE WAS IN THE ICU AT ROCKDALE HOSPITAL. I CALLED THE NEW PRIMARY CARE DOCTOR & CANCELLED HIS APPT & EXPLAINED. THEY SAID TO RESCHEDULE WHEN HE CAME HOME. I CALLED BACK TODAY 3/05/08 @9:30 & MADE AN APPT FOR MARCH 13TH @ 2:30 PM. TODAY I ALSO RECEIVED THE SIGNED RETURN RECEIPT REQUESTING MEDICAL RECORDS TO BE SENT TO THE NEW DOCTOR. THIS AFTERNOON MY BROTHER RECEIVED A CALL AND THEY TOLD HIM THEY WEREN’T ACCEPTING NEW PATIENTS,SO THEY HAD TO CANCEL HIS MARCH 13TH APPT. I FOUND THIS STRANGE THAT THEY NEVER SAID THAT OVER A MONTH AGO, OR WHEN I CANCELED THE 1ST APPT, OR WHEN I SCHEDULED THE ONE THIS MORNING. IT ALMOST LIKE THEY RECEIVED HIS MEDICAL RECORDS & DIDN’T WANT TO SEE HIM. NOW, HE IS WITHOUT A PRIMARY CARE DOCTOR WHICH HE NEEDS FOR HIS REFERRALS TO EMORY & TO HIS LOCAL LIVER DOCTOR. WE CAN REQUEST ANOTHER PRIMARY CARE DOCTOR, BUT IT TAKES OVER A MONTH TO MAKE A CHANGE. WHAT IF WE SELECT ANOTHER, AND THEY TELL US THEY ARE ACCEPTING NEW PATIENTS & WHEN THE MEDICAL RECORDS ARRIVE, THEY DON’T WANT TO SEE HIM? I JUST CAN’T BELIEVE THIS DOCTOR IS NOT ACCEPTING NEW PATIENTS. HE IS TO THE POINT WHERE HE NEEDS A LIVER SOON, AND HE CAN’T AFFORD TO BE WITHOUT A PRIMARY CARE DOCTOR. WHAT CAN HE DO? THANK YOU FOR ANY HELP, SINCERELY, CARRIE HARWELL.
I recently met with a primary care doctor as a new patient, and was asked to sign a “refusal to undergo treatment” form, before I could meet with him in private.
It’s been a few years since I’ve been to a doctor, but this does not seem like appropriate behavior.
Is it ethical for a doctor to ask “all” of his new patients to sign this form, if they have NOT refused any treatment? The form has blank lines which could be filled in later, which is my concern.
I can understand signing this form when and if I actually refuse treatment, but definitely not before. thanks.