Can I be denied disability benefits for refusing to take pain medications?
My apologies if this gets lengthy.
I've had rheumatoid arthritis, fibromyalgia, and palindromic rheumatism (a very painful form of inflammatory arthritis) for 4 years now, along with overwhelming fatigue (I am chronically anemic), occasional gout, and sciatica. I take Methotrexate, Prednisone, and Ibuprofen to help control my diseases and relieve my symptoms. Other than Ibuprofen, I take no pain relievers, preferring to deal with the pain as it comes.
I have a very good reason for my refusal. I am in my mid-40's and will have these conditions for the rest of my life. That's 30-40 more years, barring accident or terminal illness. I prefer to save the pain meds for when I *really* need them, as my conditions will only become worse.
My mother has been using pain relievers for 7 years due to severe osteoarthritis, and she has developed such a high level of tolerance that she no longer receives adequate relief. I've got a lifetime of disease and various surgeries ahead of me, and am hoping that, by avoiding pain relievers now, I will be able to obtain adequate relief in the future. In short, I am afraid of developing a dependency. I want to wait.
I *am* obviously able to function, but as with any chronic illness, there are limits to my abilities. Many things I can no longer do, and those things which can be accomplished are done so as I am able. I require modifications to my routines, tire easily, and encounter all of the normal obstacles that come with chronic illness.
Also, my feet are in serious need of surgery, but I have only recently received medical assistance. I see my Rheumatologist in April, and at that time, I will ask his advice concerning my feet.
Anyway, after applying for disability, I was given an appointment with one of their physicians. I see him next week, and I was wondering:
What can I expect from this physical?
Can my refusal to take pain medications keep me from receiving disability?
I *do* realize that my physical condition may not meet the requirements for disability, and I am prepared for that. Although, with my feet as twisted as they are, the difficulty I have in walking, and my inability to wear shoes (I can wear only men's slippers) I feel confident that my feet will be considered a disability.
My main concern is refusal of pain meds. Can I be forced to take them?
Also, my rheumy has never discussed treatment with biologics such as Humira or Remicade. Can they insist that I try more aggressive treatments?
My apologies for the length, all the questions, and the general disorder of this question. I'm just really worried about all of this. I'm not well educated on this entire process, and I'm hoping someone here can help me.
Thanks so much for your time. It's appreciated.
((( gentle hugs, Sondra )))
((((( Angels )))))
Thank you.
((((( ELJ )))))
I so admire your ability to cope. Love you bunches. :)
((((( Pirate )))))
When I was first diagnosed, I was prescribed Naproxen. It gave me heart arrythmias (sp?) and was discontinued.
Yes, surgery on my feet *would* make a difference. However, that would not change my ability (or inability) to reach (my elbows are gnarled, and my arms are permanently bent.)
Neither would that change the fact that I cannot grasp, lift, carry, squat, get on or off the floor without help, climb stairs without great difficulty, (my knees are no better than my feet), walk distances, etc.
It's good to know that I cannot be *forced* to use pain meds, and that my refusal will not be held against me.
I don't have an aversion to biologics. It's just never been discussed.
The palindromic rheumatism is such an extremely painful form of arthritis that I have not found a pain reliever that works, with the exception of Dilaudid. Not even morphine will touch the pain. I have been hospitalized for this in the past -- it's that bad.
When I am hit with a PR attack, I just go to bed. Doctors are very reluctant to prescribe Dilaudid due to it's addictive nature, aside from the fact that it puts me into a stupor. It's like being on a major drunk.
They *will* prescribe Vicodin, but if I were to take it for PR, I'd get as much relief with a baby aspirin (which is no relief at all).
The normal aches and pains of RA and Fibro I can deal with. And so, I am reluctant to use pain meds. I know that in the future I will not be able to cope with the daily aches. At that point, I'll be glad to have these medications available. I just fear becoming tolerant or dependent, because I see what this has done to my mother.
Thanks to all for the advice.
((((( Blue Chaos )))))
(((((( UP ))))))
I can't choose a best answer. I'm sorry, but you've all been so kind, helpful, and sincere...
I appreciate everything you have done to help. Thank you.
((((((( group hug )))))))
Public Comments
1. Generally the first time you apply for disability you will be turned down but do not be discouraged, re-apply. You should qualify for disability. I have many of the same problems as you and i also need to apply. I have fibromyalgia, sciatica, severe osteoperosis and emphysema. I am allergic to so many medications the only thing i can take for pain is tylenol #3. Best of luck to you.
2. i suggest an attorney who handles social security disability cases to help you through this. They do not charge if they lose the case, at least my son's didn't. Our attorney was a god-send in steering us through all the how-to's, and was, of course, present at the hearing before a very stern judge who had a reputation for denial. Good luck.
i am Sirius
3. I don't know if refusing medication gets you denied benefits. If that's the case I should reconsider not taking anti-depressants, lol. But definitely talk to a disability lawyer.
4. Would taking pain meds allow you to work? If a strong case can be made for that, then refusing could complicate things for you. From what you've described, I don't think that's at all likely.
Disability decisions (in the U.S.) hinge on two things: 1) having a diagnosis, doesn't matter how accurate, they just need a name to hang it on; and 2) ability to work. You have the first, so your concern now is on demonstrating, via the forms etc, your problems with the second.
Every time you fill out the forms (refusals and appeals are unfortunately part of the process), write from the point of view of your WORST day. Forget all of the coping strategies you use. And then do something really nice for yourself, because it's bloody demoralizing to look directly into the eyes of what we go through.
SS physicians aren't the nicest bunch. But don't worry about that, it's par for the course. As long as you have the rheumy on your side, you'll be fine. (SS docs won't care enough to take the time to discuss much in the way of treatment options. S/he'll just look for signs and ask lots of questions. And remember -- confusion is an excellent reason why you can't work. If you get confused in the doctor's office, use it. :-)
Best of luck.
5. I don't think so.
The medications would most likely cause side effects that would inhibit your ability to work even if the pain is alleviated by taking them.
6. I don't think it will affect you, but I would discuss "putting of pain killers" with your doctor. I am not a doctor, but from what I have read some pain killers remain effective for prolonged use over many years. Also analgesics will reduce inflammation and possibly physically help your condition.
7. Well...... sighs... The Government does not just pass out money like candy. I was denied three times before I was finally able to get my disability case won by a lawyer. Social Security actually lost my big fat case file (because I ran off from MI, to FL to IN, to MI and at least two different counties there.) Not on purpose,or anything. I don't particularly enjoy travels. I rather missed having a nice steady place to call "home". I was bouncing around partially employed staying with relatives and paying some form of room and board. It was a pretty awful existance to be passed around like unwanted.... ah, what's the word? like a washed up used not even a human being?
Now at least I have a steady income , and a roof over my head. (I was in a homeless shelter, once!) THAT is probably how I actually , finally, won the disability case, oddly enough. My relatives stopped caring for me. : /
: (
At least now I have a home.
I've been locked up at least 3 times in the mental ward. (Two other brief stays, add up to five times.) wow. I'm only 32. I did not have my first (non sleeping for days on end) episode until I was 28 or 29, so, I was diagnosed "NOS: Not Otherwise Specified" a lot. No, Now I am "Bi Polar Manic Depressive" (I don't know if I am a I or II, cycle fast or slow? I tend to be euphoric, not ever angry and not depressed. I tend to be anorexic, and way too happy/energetic.)
I was not on meds at the time my lawyer won my case! wow! * I am not currently on meds, so maybe I will not get my disability money again when my case is reviewed in two years!! So, your question interests me! My "friends" are all like "Oh, yeah, man, just take the meds! get the free gov . money! Don't risk losing that!" but I'm not going to falsify my "condition". I'm sort of stable now. lucky me. but what about tommorrow or next week? or next month? my Therapist says that "Bi Polar, Manic Depression, mental illness, it NEVER goes away, but a person can be stable, or not show signs of it for a while, it can be dormant. " that sort of thing. Interesting, huh?
What if meds were against your religion???? That would be discrimination, wouldn't it? Can we sue? the gov?
Oh. You need to have a Doctor (Doctors) with forms and writing and documentation of all kinds to agree that you can not perform substantial work to earn a living. to verify your claim for disability. You want to claim that you can not work, so, now, you must prove it, right? OK.
I'll be on meds again soon. It's just a temporary transition between meds , with my Doctor's advice and permission!!!!!
8. Hello sweet ((((((( RedQueen )))))))
I was diagnosed in 1994 with Hepatitis C..
But I continued to work up until 1998..
It took me only six months to start receiving SSD..
**I was not denied the first time**.. :)
Which in its self was a blessing..as it was my only source of income.. :)
I asked the same question to Social Security Disability and the answer is no..they cannot deny you for not using pain medication..
I do not use any..though my doctor did try and prescribe them to me..
You also cannot be refused SSD if you do not want to receive treatment..I was on treatment for my illness, but it made me too ill..so I stopped taking it..
Since that time..my doctor has asked me to have another liver biopsy..but I am so weary of another one..the first and only one I had, was very painful..I am still receiving SSD.. :)
I pray I answered your question.. :)
((((((( HUGS )))))))
In Jesus Most Precious Name..
With ~Love~ your "Friend" In Christ.. :)
9. i not sure of the rules, but i do know that most people are turned down the first time... an attorney familiar with that part of the law is recommended, as is patience...
there are also stronger NASIDs available nonprescription, naproxen sodium is the first to come to mind - it might work better - trolamine salicylate lotions also do wonders for some folks
you could always do what many do... just don't take them unless you are doing really bad
(((RedQueen)))
10. Will surgery improve your feet within a year..if so that won't qualify for dsability
if teh docs insist that you will be able to work with pain meds--than that can seriously hurt your case..
i know someone that refuses meds for a psychiatric illness and cannot get disability because of it.
hopefully the docs will be more open minded-most docs don't want to insist on the use of narcotics adn do prefer to be conservative with them...
if there is a reason a med is inappropeiate to use (such as you are allergic, risk for addiction, intolerable side effects) than the doc should state that meds would not be appropriate-
if all else false 'try' the meds--and say they don't help....
11. Many insurance companies will not pay LTD benefits if you are not actively working to correct the situation or find other accommodations. Your doctor will have to fill out information for the LTD claim (usually yearly) and if he says you've been prescribed meds that would work and you refuse to take them, you will likely lose your LTD.
The federal gov't seems a bit more lenient, but you will still have the same problems. You will have to prove you are unable to work and that the meds do not help. In the mean time, you'll (unfortunately) have to find another way to survive.
12. I think that only applies to medication for depression or other mental issues.
If that happens,I'm in deep dookie too. I have had back surgery for scoliosis, and found out I am allergic to so many pain meds it's not funny. I also have many other issues.
My husband has gout and Rheumatoid Arthritis, so I understand how painful it can be.
As to what you can expect from the physical. I get more of a check up when my psychiatrists nurse takes my blood pressure and weight. Very sad.
13. no you certainly can't be made to take them or penalised for not doing so. good on you for being so brave.x.
14. You sound as if you have more than enough problems to deal with that you should qualify for disability. You do not have to take medications unless you find they hep you and you need them. Some prefer to put up with the pain, have learnt techniques for coping and need to feel when it gets worse, which may be masked by some medications. The illness is apart form what you take.
However, disability may not be easy to get. Some can mange quite well and get awarded it; others have severe difficulty and cannot lead a fairly normal life but get turned down. It makes no sense. But keep on trying if you do not succeed at first.
15. I am disabled (among other things, extensive osteoarthritis and fibromyalgia). I found that 99% of all disability claims are denied the first time around. They do that as there is a good chance people won't appeal during the time period allowed and then they are automaticly denied, even if they would have qualified (a money-saving move). So...if and when you are denied, APPEAL it.
Please note also, that the disability people lied to me and said the doctor said I was well. I said show me the doctor's letter (it was non-existent, just a bluff on their part) so I can appeal it and they backed down! In other words, just because they tell you something, doesn't mean that it is true...so verify everything independently!
As for your medication, all you have to do is fill your prescriptions (for safety reasons, put the pills in the garbage (out of the bottles) and mixed up with dog poop (get it off the sidewalk) to keep druggies from fishing them out of the trash) and keep the receipts as proof that you are co-operating with your doctor, and don't volunteer any information. They aren't likely to check your blood to see if you are taking the pills.
The other thing you can do is talk to your doctor about pain medication. Many pain pills are addictive and others are unsafe. And if you are on them for decades, they all are habit-forming, as well as damaging the body! Instead of the pills, you could ask to be referred to a pain management clinic where you can learn biofeedback, self-hypnosis, and other non-medication-based methods of pain control!
Good luck!
16. Okay... I have a friend who regularly does medical exams for social security, SSI and SSDI... not using pain meds should not affect the outcome of a disability determination. They go by diagnosis and the evidence (in/on your body) for that diagnosis, and then what the prognosis is.
What you describe should ensure that you will be one of the few that gets an award the first or second time around.
Make sure you get copies (on paper) of all of your medical records going back for years and take them with you to your exam. Give them to the doctor yourself... that can help alot! People assume the doctor has received the records, and they often have not. Then... just be yourself and tell the doctor just what you've told us... it'll be fine.
(((((Red Queen)))))
17. Generally they won't turn you down for refusing narcotics, but as has already been said, they will turn you down the first time. And yes, you should get a disability lawyer. It took me about 18 months to get my disability payments started, but it may take less for you, since your conditions are purely physical and mine are mostly psychological.
I can understand perfectly your refusal to take pain meds until you absolutely need them. In the past year and a half, I have gone from Vicodin 5 to Vicodin 7.5 to Norco, and now the Norco isn't doing it anymore. I can eat them like babby aspirin.
Good luck.
18. I have a disability pensions and I dont take pain medication, and refuse to. I am very sensitive to medications and I wont take anything that makes me feel drugged. I wont take them because of the side effects as well, and because I dont believe in taking medications other than antibiotics when absolutely needed. I also refuse to add an addiction to my problems.