Monday, October 28, 2019

SOCIAL SECURITY DOCTORS: WHY THEY WON'T HELP YOU WIN

Social Security often sends claimants to one of their own contracted doctors for an examination.  These examinations seldom help to get disability claims approved.  These "consultative exams" usually do nothing for the claimant at all.

In fact, the purpose of these examinations is not to get information that allows Social Security to pay the claim.  The purpose of the examination is to allow Social Security to finish the claim, usually by a denial.

I'll spend a little time explaining why these exams do you, the claimant, no good.  Then, I will talk about things that can do you some good, in terms of your disability claim.

First, the consulting doctor knows nothing about you.  He or she has never seen you before you walk into the office for a very brief exam.  And the exam is typically brief.  Some of my clients tell me that the doctor spends less than fifteen minutes with them.

Secondly, there are usually no diagnostic tests.  No X-rays, laboratory studies or CT scans.  The doctor will make observations like, "Patient could get on and off the exam table without assistance."  Or, "Patient was in no apparent distress."  A recent exam that I read said, "The patient could walk the 120 feet required for the gait evaluation without limping." The exam is so general that only the most obvious deformities would be found. 

The real question that should be determined by a consultative examination is:  "Can this individual perform sedentary, light or medium level work activity 8 hours per day, 5 days per week on a regular and continuing basis?"  Walking 120 feet, getting on/off the exam table and appearing to be in no immediate distress have nothing to do with whether a person can work all day.

Since these consultative exams are of little or no value to you, what do you need to advance your disability case and improve the odds of getting a benefit?  In short, you need good medical records from your own, treating physicians.

There are reasons, I guess, why persons don't go to the doctor.  Some people just hate going to the doctor and avoid it when they can.  Fine, except it really hurts your chances of winning a disability claim because there is no (or very little) evidence to work with.

Many people lost their health insurance when they had to stop working and can't afford medical treatment.  While this is unfortunate, it still prevents Social Security from obtaining enough medical evidence to justify paying benefits.  It is up to the claimant to find a way to see a doctor.  Community free clinics may be the answer.  My office provides a list of doctors and clinics who offer free or reduced cost medical treatment for the uninsured.  (Call me to get a copy of the list--free).

Medical evidence from your own doctor is the key that unlocks the door.  Without it, you are extremely unlikely to get approved for any Social Security disability benefit--because a medical condition must be "medically determinable."  And the burden of proof is on the claimant, not on Social Security.
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The Forsythe Firm
Social Security Disability Counselors
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
Call us:  (256) 799-0297

E-mail us:  forsythefirm@gmail.com

SOCIAL SECURITY JUSTICE STARTS HERE 





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