Skip to main content

TIPS FOR THE CONSULTATIVE EXAMINATION - SOCIAL SECURITY

                                           TIPS FOR SOCIAL SECURITY'S CONSULTATIVE EXAM

                                    By Charles W. Forsythe     The Forsythe Firm     Huntsville, AL

In the process of a disability application, Social Security may send the claimant for a "Consultative Exam" (CE).  This is an examination performed by a doctor who does exams for Social Security for a fee.  The fee is paid by Social Security.

You might be asked to have a physical CE or a "mental status exam."  In this article, I want to discuss the Physical CE.

SHOULD YOU ATTEND THIS EXAM?      Yes.  Failure to attend without a good reason will jeopardize your claim.  It might cause your benefits to be denied.  The reason for the exam is that your case worker does not feel (s)he has enough medical evidence to make a decision.  Thus, the exam is to provide additional medical evidence about the severity of your medical condition(s).  Social Security usually specifies what they want the doctor to check, though some exams are more general.

Some tips may help you as you prepare to attend one of these examinations:

  • Arrive 15 minutes early. Late arrivals may not be examined.
  • If possible, have an adult drive you to the exam and go with you (to the waiting room).
  • Take all your prescription medications in their original bottles (labeled).
  • Don't take unattended children to the exam.
  • Think about your medical history so you can answer the doctor's questions about:  your most serious impairments,. past surgeries, specialists that you see or have recently seen, etc.
  • First, mention the impairment that has the most impact on not being able to work. For example, if you have congestive heart failure, mention that before you talk about foot pain.
  •  Be pleasant and cooperative with the doctor.  Make a genuine effort to do what you are asked.  You may be asked to heel-to-toe walk, bend, sit and stand, squat or other maneuvers.
  • Be careful with "small talk."  Anything you tell the doctor may be included in the report.  Some things I have actually seen show up in doctor's CE reports include:
    • I've been working on my house.
    • I just took a nice vacation to Colorado.
    • My wife and I like to go camping on the weekends.
    • I think I hurt my back working on my barn
    • "Patient says he is doing just fine."
    • YOU GET THE IDEA.  "What you say can be used against you..."
  • Be open and candid with the doctor.  Don't hesitate to talk about your symptoms, pains, difficult with performing certain tasks, etc.
  • Don't exaggerate or embellish.  Don't say "I hurt so bad all the time that I can't do anything."  
  • Don't  understate your symptoms or hold back.  
  • Don't try to convince the doctor that you are disabled.  Social Security does not let doctors make that decision.  The doctor is going to report facts, not opinions.  The doctor cannot state that you are not able to work or that you are disabled. (S)he can report facts, such as:  Patient is tender in the paraspinal area, has normal reflexes, has limited use of the right hand, edema is present in the ankles, etc.
  • Avoid complaining about the Social Security system, its process or how long it takes them to make a decision.
  • Don't argue.
  • Avoid smoking or tobacco use on the day of exam and avoid wearing clothing that smells of tobacco smoke.  If the doctor smells it, he will report it.
  •  The typical consultative exam will last about 45 minutes.
  •  The doctor will not usually do any tests like X-rays or blood tests.  (Infrequently Social Security may ask for a particular X-ray--such as  an image of the knee, shoulder or hand--but this is something they will request when they set up the exam, not something you can request).
  •  The doctor has 30 days to report his/her findings to Social Security. You do have a right to see the doctor's report; request it from Social Security.

IN SUMMARY

Report to the exam a few minutes early and take all your prescription containers.  Be able to list important medical milestones, like:  major surgeries, strokes, serious accidents, recent hospitalizations, etc., and how long ago each occurred. Be pleasant and cooperative.  Try to answer the doctor's questions without exaggeration or minimization.  There's no need to try to convince the doctor that you are not able to work.  Remember, this is a fact finding exam.

For help getting through the complicated process for Social Security disability, talk to The Forsythe Firm in Huntsville, AL.  Consultations are always free and there is never a fee unless you get approved with past due pay. We will answer your Social Security disability questions for free.


Comments

Post a Comment

Popular posts from this blog

MOST IMPORTANT FACTORS IN A SOCIAL SECURITY DISABILITY CASE

What are the top 3 most important factors in a Social Security disability case? 1.  Medical Evidence. 2.  Medical Evidence 3.  Medical Evidence 4-10     Medical Evidence Federal regulations set the eligibility requirements for Social Security disability (SSDI) benefits.  A claimant must meet these strict legal requirements More than anything else, the claimant's medical evidence will determine the outcome of the claim or appeal.  Without strong objective medical evidence Social Security cannot legally pay you a benefit. Objective Medical Evidence means the result of medical examinations, laboratory tests or imaging studies (X-rays, PT scans, MRI or CT scans). This type of evidence can only be obtained by going to your doctor. There's an old adage that says truthfully:  "The path to Social Security disability benefits runs straight through your doctor's office."  Being approved for an SSDI benefit requires objective medical proof. ...
Post a Comment
Read more

IS IT HARD TO GET SOCIAL SECURITY DISABILITY IN TENNESSEE?

  How hard is it to get Social Security disability (SSDI) in Tennessee? It can be very difficult.  In the beginning stages of the process, it seems like the agency is out to deny as many claims as possible.  Later--in the appeals process--it takes more technical and legal skill to move through the labyrinth of obstacles. What's the usual reason for an SSDI denial? If you look at all the denial letters, the most comm on reason given is:  You are not disabled according to our rules. The 2 main explanation for finding claimants not disabled are: 1.  You are able to perform some of your past relevant work. 2.  You can't perform any of your past work but you are able to do other work. Those are the two "catch all" reasons Social Security gives for nearly all of their denials.  Both of these reasons fall into the category of a medical denial .  The claimant's condition is not deemed severe enough to prevent all work. There are other reasons for d...
Post a Comment
Read more

CAN YOU WIN YOUR DISABILITY APPEAL WITHOUT A LAWYER?

The Social Security Administration does not require you to have a lawyer to file an appeal or to appear at a hearing.  However, most people heading for a disability hearing will hire a lawyer or advocate to help them.   Studies have shown that you are about twice as likely to win with a lawyer.  A recent study found that claimants with no lawyer win about 30 percent of the time while claimants with a lawyer or advocate win 60 percent of the time.   " He just cooked his own goose." These statistics cover only one aspect of a disability appear--your odds of winning. The other important aspects are time and convenience. If you prepare and adjudicate your own disability appeal, expect to spend 12 to 24 months working on the case.  You will be collecting, reading and submitting hundreds or thousands of pages of medical records.  These records are complex and often difficult to understand.  And you must know how each medical record helps (or hurts) your dis...
Post a Comment
Read more