Can the disability insurance company require me to have surgery in order to collect disability benefits?
Disability attorney Gregory Dell discusses whether a disability insurance company can require a claimant to undergo surgery in order to collect disability benefits.
The disability carrier cannot require you to undergo surgery. There is always the exception of some disability carriers that might cite some random case where a particular claimant didn’t undergo some kind of procedure and the disability carrier is trying to make it as if that was a surgery. For example, you have a back problem and a neurosurgeon or an orthopedic surgeon has recommended you for back surgery, and you don’t want to take the risk to go for surgery, that’s perfectly understandable and reasonable, and there’s no way that the disability carrier can deny your benefits for not undergoing a surgery. Certainly, if there’s some kind of other procedure that your doctor’s recommended and you’re on disability now and you’re concerned about that, you should call us to discuss that and we’ll let you know our opinion on that issue.