Once Social Security receives your application for disability benefits they will obtain and review your medical records. Sometimes they may feel that they don't have enough information to make a disability decision. You can be sent to get an exam by a Social Security approved doctor. This is called a consultative examination (CE). This exam will be provided at no cost to you.
A consultative exam (CE) may be a physical exam, a mental exam or a cognitive exam. It will usually take place in your hometown or nearby. The doctor who examines you will be a neutral finder of fact--neither trying to help or hinder your case. This doctor will report his/her findings to Social Security and the exam results will be used to further evaluate your claim.
It has been my experience that consultative exams are not usually conclusive: they neither prove or disprove your disability. And even if the exam is favorable, it doesn't mean that Social Security will approve your claim. A consultative exam (CE) is a fact finding mission.
You definitely want to attend any exam that Social Security schedules for you. Here are some tips I give to my clients who are about to go for a consultative examination by a Social Security doctor:
1. Arrive 15 minutes early. Late arrival may mean that the doctor won't see you or that you won't have time for a thorough exam. Be early.
2. Have someone drive you to the exam if possible. Ask that person to with you into the waiting room and wait there during the exam.
3. Take all your prescription medications with you in their original containers.
4. Don't smoke or be around someone who is smoking before the exam. Doctors can smell smoke and often note it in their reports. "Claimant denies smoking but he had a strong odor of cigarette smoke during my exam." (This can be a credibility issue).
5. Don't volunteer too much information to the doctor. Answer the doctor's questions truthfully. But avoid volunteering excessive information about yourself. Avoid discussing such things as vacations, trips, gambling, drinking, sports or other activities unless you are asked about them.
6. Don't try to "sell" the doctor on your disability. Doctors don't get to decide who gets benefits and being an over eager patient can go against you. Don't ask the doctor, for example: "Do you think I am disabled," or "Do you think I will be approved?" That's not the doctor's decision.
7. Don't exaggerate your symptoms or medical problems. On the other hand, don't hold back or minimize your conditions or symptoms, either. Be truthful and accurate.
Some Harmful Statements Claimants Have Made During Exams:
Claimants sometimes tell the doctor things that hurt their case. Here are a few examples of things not to say:
- My hobbies are fishing, bowling, horseback riding and tennis. (If you can't engage in those hobbies now, they are FORMER hobbies). Mentioning them will make the doctor think you are still pretty active because you do those things, when really you haven't done any of things in months or years.
- I stopped working in February to take care of my sick spouse, child, etc. (This is not a disability; Social Security won't pay for it).
- I quit working in September because my boss was awful and treated me unfairly and I just couldn't take it any more. (Also not a disability).
- I drink a 12-pack of beer every weekend.
- I won $3,000 in Tunica last week so I've had a pretty good week.
- My back has been worse since I helped my brother-in-law build a new barn (paint his house, repair his fence, put on a new roof, etc.).
- I guess I could work a sit down job but it wouldn't pay anything and I couldn't live on what it paid. (You just admitted you're not disabled).
- I'm on my thirtieth week of unemployment benefits, so I hope I get my disability approved soon.
- I got married last August, so I didn't need to work any more.
- I know that I'm more disabled than other people who are getting disability benefits...."
Doctors are going to write this stuff down and send it to Social Security in their reports. These statements may be taken out of context, exaggerated or misunderstood.
For example, the remark about helping your brother-in-law build a barn or put a new roof on his house will give the impression that you are able to stand, walk, climb, bend, stoop and perform other work-like activities associated with barn building, roofing, etc. Therefore, you are almost certainly not disabled. The remark about winning $3,000 in Tunica says that you are able to take long drives, thus sit for long periods of time and freely engage in your hobby of gambling. It just doesn't sound like you are disabled.
Answer the doctor's questions truthfully but don't volunteer too much, even in chit-chat or casual conversation before you think the exam as started. The exam may really start when you walk through the front door.
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The Forsythe Firm at Bridge Street. Social Security disability lawyers. (256) 799-0297.
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