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-   -   don’t want to have surgery,can Social Security make me? (https://www.neurotalk.org/social-security-disability/158343-don-surgery-social-security.html)

untilthebell 10-01-2011 02:07 AM

don’t want to have surgery,can Social Security make me?
 
Hi everybody. My husband is close to getting a decision on his SSDI case. My husband had a brain tumor removed and due to scar tissue that built up in the brain he is now left with seizures triggered from that surgery.

I took my husband to UCLA as his Nuerologist recommended. UCLA said yes they can do surgery, but its not a definate fix. Its about 80/20 % effective on controlling his seizures.

But the case worker recently asked us " Why wont my husband have brain surgery. Basically seizure surgery.

So my question is since he fears surgery in general and has not really been the same since his original surgery can SSA force one to have surgery? Or can they deny him for not having brain surgery?

To me 80/20 % sounds scary especially when its the brain. But some told me even if he gets on SSDI, SSA will give him issues at review time.

He is young-42. He also has Reactive Arthritis.

Any input/info would help

Thanks to all

And I hope your all well.

Jomar 10-01-2011 10:58 AM

I don't know the legal rules, but I don't think they can force or pressure anyone to have surgery.

Many surgeries do produce "scar" tissue, and some people's bodies produce more than the avg amount in reaction to surgery.

I would read up on surgery & post op scar tissue online and possibly find a dr that can/will clarify more about the percentages of a second surgery.

cherry33778 10-02-2011 01:54 AM

Let me put it this way......Can social security make you have surgery???? Of course not.

Will they deny his request because he's refusing treatment? Maybe not in this case but definitely in others, i.e. I need a new lung but I keep passing on getting a lung transplant.

Makes sense?

untilthebell 12-21-2011 03:48 AM

Well tomorrow my husband once again visits the same doctor that advises surgery. The doc said the surgery is successful 70-80% of the time at stopping seizures. Yet the risks are there for further brain damage, more memory loss, vision problems and more.

My husband fears all surgeries! But brain surgery he had once and that left him with Neurological problems, that surgery though had to be done because he had a tumor to be removed and the tumor was bleeding in his brain. This surgery that the doc is pushing is to stop the seizures.

My husband was approved for SSDI on Epilepsy & Arthritis.

Anymore opinions on this? Could SSA really stop his benefits because he is in fear of his health over brain surgery?

Babyboomer15 12-21-2011 09:16 AM

Does he have severe degenerative arthritis? If so,then one impairment alone has him disabled. Thats how I look at it. There is always the chance they might say that it might be a combination. That's why you should call and find out.
I turned down surgery on my hands to get replacement joints and Social Security didn't bat an eye about it. This was when I first applied and won on an appeal.

Mz Migraine 12-21-2011 11:32 AM

Quote:

Originally Posted by untilthebell (Post 834205)
could ssa really stop his benefits because he is in fear of his health over brain surgery?

nope!..............

untilthebell 12-21-2011 12:26 PM

My husband is only 42 but has a form of Arthritis called -Reactive Arthritis, very painful, he's on an anti-iflam med plus percocet for pain for the Arthritis. His seizures cause him to be on 3 different meds.

But he was approved on 2 conditions for disability. Both the epilepsy and 2nd Arthritis



Quote:

Originally Posted by Babyboomer15 (Post 834247)
Does he have severe degenerative arthritis? If so,then one impairment alone has him disabled. Thats how I look at it. There is always the chance they might say that it might be a combination. That's why you should call and find out.
I turned down surgery on my hands to get replacement joints and Social Security didn't bat an eye about it. This was when I first applied and won on an appeal.


untilthebell 12-21-2011 12:27 PM

Thanks- so SSA cant even say by passing on surgery he is refusing a possible cure or consider that not wanting to get well?





Quote:

Originally Posted by Mz Migraine (Post 834294)
nope!..............


ginnie 12-21-2011 12:47 PM

Hello untilthebell
 
I am sorry that your husband has had to go through so much. I do not think SS can force you to do anything regarding surgery. I don't know how much influence that decision would count for getting the SSD benefit. The 80/20% would be scarry, as you said it is his brain. I hope you get another opinion just for peace of mind. I wish you all the best. Hope you get the disability to go through. My neighbor had three months in the hospital with a brain bleed, and he did get SSD. He also had seizures. take care of each other. ginnie

Babyboomer15 12-21-2011 01:25 PM

Quote:

Originally Posted by untilthebell (Post 834312)
My husband is only 42 but has a form of Arthritis called -Reactive Arthritis, very painful, he's on an anti-iflam med plus percocet for pain for the Arthritis. His seizures cause him to be on 3 different meds.

But he was approved on 2 conditions for disability. Both the epilepsy and 2nd Arthritis

If the arthritis condition is severe ,then it by itself is considered an impairment and should be good enough for SS standards for disability. The blue book is confusing with combination impairments . See,he might have 2 impairments,neither considered severe,but since there is a combination,it makes it severe.

I was also approved with 2 impairments,both severe ,so both stand alone for disability.

Babyboomer15 12-21-2011 01:31 PM

Bottomline. If reactive arthritis is considered an impairment by itself,it doesn't matter about the other condition,as far as disability is concerned. The arthritis might be the icing on the cake that sends both impairments to the severe level.

Remember ,you only need one impairment to be considered disabled. It helps matters that the impairment is severe(too be declared disabled).

untilthebell 12-21-2011 02:26 PM

Thank you. He ( my husband ) is on SSDI. My questions were regarding upcoming regular SSA reviews. What I was wondering was can SSA stop his SSDI benefits because of the fact that he fears brain surgery and that the surgery is not a sure fix.


Quote:

Originally Posted by ginnie (Post 834322)
I am sorry that your husband has had to go through so much. I do not think SS can force you to do anything regarding surgery. I don't know how much influence that decision would count for getting the SSD benefit. The 80/20% would be scarry, as you said it is his brain. I hope you get another opinion just for peace of mind. I wish you all the best. Hope you get the disability to go through. My neighbor had three months in the hospital with a brain bleed, and he did get SSD. He also had seizures. take care of each other. ginnie


ginnie 12-21-2011 06:19 PM

Re: hi until
 
No, once he has been approved, they won't take it away. I didn't want to do a second surgery for cervical, and they didn't do anything at all. The origional reason for my disability stood no matter what. I know you are being careful with your decision, I admire you for that. Good luck and take care each other. ginnie

anni77777 12-28-2011 09:16 AM

sounds like a very serious and dangerous procedure with many risks but from my experience,any surgery that is not seen as a life or death procedure is elective,and therefor cannot be forced upon the patient. You would think its more cost effective for SS just document a ''doctors note'' rather than insist on such an expensive procedure that #1 isn't 100% effective and #2 not wanted by the patient... Hugs to you and you're husband and best wishes:hug:

LIT LOVE 12-28-2011 02:30 PM

I bumped a thread on CDRs for you to read.

If you understand the actual review process and the kind of issues that SS is concerned with, I think it will help.

tanysha26 12-29-2011 01:05 PM

Hello Everyone!!!
 
Hello my son had his social security hearing on Nov.29 of this year and the judge was really nice he didn't talk to my son at all he didnt even take any testimony from me my son lawyer asked the questions and towards the end the judge stop her and said that's good he said he would take it from there. As I mention he was very nice and funny. He said I was very articular. I called yesterday to check the status and his sec. Told me that the judge was working on it as we spoke and that he was sending it out to a decision writer and my son should hear something between 8 to 12 wks. Is this a good sign I checked his approval rate and it was 79 percent and his partial favorable percentage is19 percent. Can somebody help me understand this.

Babyboomer15 12-29-2011 01:24 PM

Quote:

Originally Posted by tanysha26 (Post 836260)
Hello my son had his social security hearing on Nov.29 of this year and the judge was really nice he didn't talk to my son at all he didnt even take any testimony from me my son lawyer asked the questions and towards the end the judge stop her and said that's good he said he would take it from there. As I mention he was very nice and funny. He said I was very articular. I called yesterday to check the status and his sec. Told me that the judge was working on it as we spoke and that he was sending it out to a decision writer and my son should hear something between 8 to 12 wks. Is this a good sign I checked his approval rate and it was 79 percent and his partial favorable percentage is19 percent. Can somebody help me understand this.

Did he decline a surgery?

LIT LOVE 12-29-2011 07:03 PM

Quote:

Originally Posted by tanysha26 (Post 836260)
Hello my son had his social security hearing on Nov.29 of this year and the judge was really nice he didn't talk to my son at all he didnt even take any testimony from me my son lawyer asked the questions and towards the end the judge stop her and said that's good he said he would take it from there. As I mention he was very nice and funny. He said I was very articular. I called yesterday to check the status and his sec. Told me that the judge was working on it as we spoke and that he was sending it out to a decision writer and my son should hear something between 8 to 12 wks. Is this a good sign I checked his approval rate and it was 79 percent and his partial favorable percentage is19 percent. Can somebody help me understand this.

It's better to start a new thread since your post is not related to this thread. It would appear you went before an ALJ with a very high approval rating. A partially favorable decision can mean a change of onset date or a closed period award. When you receive the letter from the judge it will explain his award in detail, if any.


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