Consultative Examinations (Part 4)

Posted on December 22, 2011 by cjblog

What happens if my consultative examination does not go well?

(continued from Consultative Examinations (Part 3))

You may be asked to undergo a consultative medical or psychological examination while your claim or appeal for disability benefits is pending. The purpose of the exam is to provide the Social Security disability decision maker with medical evidence about your impairment. Of course, you hope that the doctor will perform a thorough examination and his or her report will support your claim. Unfortunately, sometimes the examination is unsatisfactory and sometimes the results are unfavorable.

If the consultative examiner delivers an unfavorable report, there are some things that both you and your Ocala disability attorney can do to counter it.

One possible reason for an unfavorable report is that the examiner simply did not spend enough time with you. On occasion, consultative examiners have been known to rush through the exam, paying little attention to the claimant’s complaints. For this reason, many disability lawyers recommend that you bring a family member or friend with you who can time the exam and further serve as a witness to what happened.

If your exam seems cursory, you should complain to your disability examiner or Administrative Law Judge. It’s a good idea to put your complaints in a letter that can be added to your file. Your Ocala disability lawyer can help you prepare the letter.

If the consultative examiner’s report is vague, ambiguous, or inconsistent, your disability lawyer can discuss these problems with the examiner. Your lawyer can then develop questions that can be sent to the examiner. The examiner will answer the questions in writing to clear up the confusion.

If your treating doctor disagrees with the examiner’s opinion, your lawyer can ask your treating doctor to respond to the report. If your treating doctor can explain why her conclusions are different from the examiner’s, the Social Security decision maker should accept your treating doctor’s opinion.

Your disability lawyer can even have the consultative examiner subpoenaed so he will appear at your hearing where your lawyer can cross-examine him.

If you are unable to work because of your disability and would like help from an experienced Ocala disability lawyer, please call the C.J. Henry Law Firm at (352) 304-5300 for a free claim evaluation.

This entry was posted in Blog, Disability Claims, Eligibility, Social Security Disability by cjblog.