Skip to main content

SO, SOCIAL SECURITY WANTS A CONSULTATIVE EXAM

Many times, after you apply for Social Security disability, SSA will write you and ask you to report to a certain doctor for a consultative examination.  At this exam, paid for by Social Security, a doctor working under contract with the SSA, will perform an examination to determine the extent of your medical impairments.

Many claimants wrongly assume that this doctor will find evidence of an impairment that will help win their case.  Not likely.  Unless you are paralyzed, confined to a wheelchair, require oxygen 24/7, or have some other catastrophic, obviously serious impairment, the consulting doctor will probably fail to find any disabling conditions.

Here are some of the factors that I generally assign to explain the fallacy of consultative examinations by Social Security doctors.  I say in general because there are exceptions.  

  • The doctor will probably spend 5 to 15 minutes with you.  He turns out patients like an assembly line.  Unlikely he will find whatever is causing you to be unable to work.  Less likely that he will report it.
  • This doctor gets paid by Social Security.  I'm not suggesting that he will lie, but most normal human beings are influenced by people who write them checks.  Doctors are humans.
  •  This doctor has never seen you before.  He's never examined you before.  He will probably not be able to take an X-ray, do a lab test or perform any other diagnostic tests.  Do we really expect him to be able to find your medical impairments in less than 10 minutes?  It would take a miracle.
  • This doctor is limited to answering only the questions sent to him by Social Security, or checking off only the items on their form.  Nothing else.  If there's a tumor the size of a watermelon in your head, he'll never know it (unless he's been asked to find it).
The fact is, the report from consulting doctors are often quoted in Social Security denial letters.  "Doctor Feelbetter noted that the patient can get on and off the exam table without assistance.  The doctor noted the patient walks without a limp.  Dr. Feelbetter states that he can find no reason for the claimant's alleged back pain."  Of course he can't; he can't take an X-ray, let alone an MRI.  Do we expect him to have X-ray vision?

I reviewed the consultative report written by a doctor who had examined one of my clients.  The doctor wrote the following in her report:  "...I walked with the claimant out to the parking lot.  He was driving a truck that was pretty high off the ground.  He appeared to be able to get into the truck with no difficulty."  This, of course, is not medical opinion, it is prejudiced personal opinion--pure and simple!

Let's put this in a little different context.  Let's say I am having severe pain in my neck and upper back.  It's been getting gradually worse.  It's pretty bad now, and I'm having severe headaches with nausea and vomitting.  I pay a visit to Dr. Feelbetter.  He walks into the room and says, "OK, I have 10 minutes to spend with you, no more.  I can't do any lab tests because nobody will pay for them.  I also can't do any X-ray, MRI or other tests.  If I can't see your problem with my naked eye, I won't be able to help you."  How much hope should I have that Dr. Feelbetter will accurately diagnose my medical problems?  (I'm more likely to win the lotto and be selected as the next man into space, all on the same day)!

In summary, a Social Security consultative exam is often a waste of time and it more than likely will not help you win your disability benefits. (As I said, there are exceptions). It will very likely hurt your chances, not because it verifies that you have exaggerated your conditions but because the doctor isn't given much opportunity to find your medical problems.  I also think, frankly, that the doctor isn't very motivated to find your medical problems due to the nature of the exam and his lack of a treating relationship with you.  He sees you one time but sees Social Security patients hundreds of times for pay.  Who does he want to keep happy?

Finally, some good news.  The law is on your side in the matter of consultative exams.  The law requires that more weight be given to a treating doctor's opinion than to a non-treating doctor's, all other things being equal.  Therefore, Social Security may commit legal error if they give the consulting doctor's opinion more weight than they give your own treating physician. This can make a great legal argument on appeal and frequently results in the original denial being overturned or remanded  (20 CFR 404.1527; POMS DI24515.004, SSR 96-2p, etc.).

If Social Security requests that you attend a consultative exam you should do so.  Refusing to attend can result in your claim being dismissed for "non-cooperation" or may get you an automatic denial.  Just remember that any denial should be appealed in writing immediately.

If I or my firm may be of assistance to you, please contact us at our office in Huntsville, AL.  There is no charge for our service unless you win.  There is never a charge to speak with us.  And Social Security is the only thing we do.

 

Comments

Popular posts from this blog

COMPLETING THE FUNCTION REPORT FOR SOCIAL SECURITY

Social Security analyzes a new claimant's ability to perform certain activities.  This helps them to decide whether the claimant is disabled according to their rules.  They use a form called "Function Report - Form SSA-3373-BK" or one very much like it.  Be careful how you answer the questions on this form.  Strive to be accurate but also descriptive.  Try to give a real picture of how your pain or other symptoms limit your daily activities--such as shopping, driving, doing housework, socializing, etc. Here are just a few of the questions on the Function Report, as samples of the type of information being collected from each applicant who files a new claim for benefits: Do you take care of anyone else such as a wife/husband, children, parents, friend, other?  ( If you do, and do not show that you have significant problems in doing so, Social Security may judge that you are quite able to perform other activity, like working). How often do you prepare f...

JUDGE JUDY TIRADES ABOUT SOCIAL SECURITY

Judge Judy Sheindlin has added her two cents worth to the controversy about Social Security.  Judge Judy appeared on a Fox News program hosted by Megan Kelly and said she was tired of people getting Social Security disability because they were "alcoholics and drug addicts," adding to the popular myth that SSDI is "going broke" because of dead beat drug users who refuse to work.  Fox News did nothing to set the record straight. The truth is that by law individuals cannot qualify for SSI or SSDI benefits based on either alcohol or drug addiction/abuse. In 1996, Congress passed Public Law ( P.L. ) 104-121—which terminated benefits for Supplemental Security Income ( SSI ) and Disability Insurance ( DI ) beneficiaries whose primary impairment was drug addiction, alcoholism, or both. As a result of the 1996 legislation, those individuals became ineligible for benefits, effective January 1, 1997. Social Security will currently not award benefits to persons becau...

TAKE A HARD LOOK AT SOCIAL SECURITY BEFORE YOU FILE!

Considering a Social Security disability claim?  Take a hard look at it before deciding. If you have a choice, you probably don't need to apply. Some things to consider: 1.  It will probably not be an easy or short process.  It will take about 4 months to get your initial decision and 70% of those are denials.  If you must appeal, expect a wait time of an additional 18 months after you file the appeal.  So, you may be looking at 2 years or more in many cases. 2.  You will need good medical evidence.  If you have little or no evidence from a doctor, it isn't likely you will ever be approved. 3.  You cannot apply for SSDI while you are working and earning at least $1,170 a month.  This work will disqualify you.  Many people don't realize they will have to stop working to apply for SSDI.  That's why we say, "If you have a choice, you probably don't need to apply."  If working is an option, it's the best option. 4.  Th...