POMS Reference

DI 23010: Failure to Follow Prescribed Treatment

A. Policy

Do not consider a disabled child under age 18 fully responsible for failing to follow prescribed treatment.

B. Procedure - Development

Where disability is established and a failure issue arises:

  • Contact the parent, guardian, or payee, and initiate development per DI 23010.005 and DI 23010.010.

  • Where the payee is not willing to assure prescribed treatment will be followed, consider returning the case to the FO to develop a new payee or refer the case to an appropriate social agency for assistance.

C. Policy - Notice

If compliance is not obtained, send a predetermination notice per DI 23010.030. In the first paragraph, substitute “he or she has a severe impairment” for “is unable to perform.”