WHY CONSULTATIVE EXAMS ARE TREACHEROUS

If you have applied for Social Security disability (SSD), they may send you to one of their contracted doctors for a consultative examination (CE).  These can be treacherous territory for the disability claimant.  Here are some of my concerns.

The doctor may be part of a large practice that specializes in Social Security or employment medicine.  They may do little else except this type of exam.  

While the doctor is supposed to spend at least 30 minutes with you during a CE, some of my clients report that the doctor saw them for only 5 or 10 minutes.  It can be a rush in, rush out scenario.

Rarely is the doctor given instructions to perform any tests or X-rays.  He may be asked to evaluate your back pain by simply laying a stethoscope on your back or asking you some questions.  The doctor might have you bend over, do a leg raise test or some other quick check.  However, without at least an X-ray, he can tell very little about why your back hurts.

The consulting doctor may not be a specialist in the pertinent field of medicine.  This is concerning for obvious reasons.  If you are disabled due to a heart problem, you don't need to be examined by a dermatologist or OB-GYN.

The consulting doctor probably will not have access to your medical records.  Everything he knows about you will be garnered during that short examination that will last from 5 to 30 minutes.  

Finally, this doctor is very unlikely to say anything in his report to help your case.  Is there anything you can do to protect yourself against one of these consultative medical exams?  Yes, there are a few things.

1)  Try to be sure that your treating doctors have submitted their medical records to Social Security.  This could make a consultative exam unnecessary.

2)  Ask your own doctor if he or she will perform the exam.  This is acceptable, if your doctor can agree on the fee that Social Security is willing to pay for the exam.

3)  Arrange to take your medical records with you to the consultative exam.  Let the doctor see them.  If you have recent X-rays, MRI reports or lab studies, take those for sure.

4)  Be sure to arrive early for the exam.  This eliminates the excuse that the doctor didn't have enough time to examine you properly. 

5) Avoid trying to convince the doctor that you are disabled.  He doesn't get to make that call, and you may only cause him to make some unfriendly notes in his report that will hurt you.  Answer his questions fully and truthfully but don't exaggerate. Also, try to be cooperative with the doctor.  If you aren't he will note it in his report and your claim will be hurt.

Comments

  1. Charles W. ForsytheApril 6, 2017 at 8:19 PM

    Starting March 27, 2017, Social Security decision makers are no longer required to give additional weight to the opinion of your treating doctor. They are allowed to give equal weight to one of Social Security's consultative examiners, even if that doctor only saw you one time, and even if he only spent 15 minutes with you. This has the potential to make a consultative exam even treacherous. Before you go to one of Social Security's doctors for an exam, talk to us. It's a free call and we may be able to help save your benefits. (256) 799-0297.

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