The Dr. says you have a winning SS Disability case. But do you?!

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Social Security will most likely send you out for a "consultative medical evaluation" with one of their doctors during the course of your case. They do this because the law requires SSA to develop your record. #socialsecurityconsultativeexam

Consultative exams may be with medical doctors for physical medicine issues, or they may be with psychologists for mental health claims. In a small percentage of cases, SSA may send you to a medical specialist. #socialsecuritydisability

Sometimes, I hear back from my client that the Social Security doctor offered a comment about my client's case. Many times, the comment is something like "it looks like you have a strong case and should be approved." In other cases the doctor may offer a negative assessment. #winningssdicase

I tell my clients not to give much weight to what the consultative doctor says about their case - either positive or negative. Consultative doctors are not lawyers and they don't necessarily understand how SSA defines disability. A severe medical condition may not translate into unacceptable work dependability problems.

These doctors most likely have not looked at the full record and even if they see your symptoms as more severe than other patients they have examined, the CE doctor almost certainly is not aware of the final resolution of other cases.

Obviously it is a positive if the CE doctor recognizes the seriousness of your case but his/her report will be one part of a much larger file.

Further, if the CE doctor barely gives you the time of day and dismisses your complaints that doesn't mean much either. In fact, I encourage my clients to write down what happened at the CE appointment.

Often, for example, physical CE appointments are scheduled with industrial clinic doctors who make their living examining patients at the request of insurance companies who expect to see reports that minimize the severity of symptoms.

We have the right at a hearing to point out any bias that exists in these industrial clinic doctors and ask the judge to give those reports little weight.

Your claims file may consist of 800, 900, 1000 or more pages and the CE report may be 6 or 7 pages. Your lawyer is in a much better position to offer a reasoned analysis about the strengths and weaknesses of your case.

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Jonathan Ginsberg
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