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The Social Security Consultative Examination

After completing the initial application for disability benefits, it typically takes the Social Security Administration about 3 to 5 months to make a decision. During this time, the claimant will presumably continue to treat with their doctors, collecting as much medical documentation as possible to submit to Social Security for their case. Social Security will also schedule what's known as a consultative medical exam, or an independent medical evaluation conducted by a physician hired by the Social Security Administration.

These examinations are intended to be completely unbiased, however, there is a problem from the start since Social Security is paying for the examination. The exams themselves last anywhere from 5 to 15 minutes and the doctors tend to ask various questions while performing either a physical or mental exam. Following the examination, the doctor must create a comprehensive report detailing the claimant's medical history, current medical condition, specific diagnoses, medical recommendations and whether the claimant can perform in a competitive work environment.

The worst possible thing a claimant can do with respect to these consultative exams is ignore them. If a claimant does not attend their scheduled exam, a Social Security disability analyst or Judge can claim that the case file is incomplete without an independent medical opinion. In order to ensure that a decision can be fully made on the merits of the file, as opposed to a technicality, every potential disability recipient should attend their consultative exam.

The harsh reality of these exams is that more frequent than not, they last about 5 minutes, the doctors hardly pay attention to the claimant's answers, yet the doctor usually opines that the claimant is not disabled and is capable of functioning with little or no limitations. Disability Judges understand that these doctors are not treating physicians and in fact, these doctors have never met the claimant before. Therefore, a treating doctor's opinion on behalf of the claimant is going to have more weight in the final decision.

Social Security laws are clear in that the medical evidence from a treating doctor as well as their opinions will be given more weight in the determination of whether a claimant is disabled. This is why it is so important to have a consistent treatment record when applying for disability. The consultative exam is just a mere formality in the disability process. But definitely do not ignore it.

Contact Us: Markhoff & Mittman PC 866.205.2415 or info@markhofflaw.com

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