- DISABILITY CLAIM FAQ
The rules and regulations of the Social Security Administration (the “SSA”) limit the situations when a claimant should be asked to attend a consultative examination (“CE”) by a non-treating doctor. Nonetheless, the SSA very rarely processes a disability application without sending the claimant a notice for a CE. There is nothing wrong with the SSA asking the claimant to attend a CE. What is wrong is that the CE notice asks the claimant to be examined by a doctor who is not treating the claimant.
I usually object to CE notices. When doing so, I offer provide whatever medical information the SSA requests. I advise the SSA that as long as they specify what medical information they claim is needed to evaluate the application I will get it for them. I also offer to facilitate a CE with a treating physician because he or she is the “preferred source” for any CE according to the regulations. The goal is to show that while I am objecting to the CE notice, the claimant could not possibly be more cooperative.
I had an application approved today where the SSA sent four CE demands. In response to my letters, the SSA failed to specify any additional information that was purportedly needed to evaluate the application. My letters showed that the claimant was cooperating while the SSA was not. The regulations do not permit the SSA to have a CE simply because they want a second opinionPrevious Next
DISCLAIMER This website provides general information on disability law topics as a public service. Information is intended to be as accurate and current as possible, but should not be relied on as legal advice. No attorney/client relationship is created by viewing or using the content on this website. Each legal problem is different, and past performance does not guarantee future results. You should not act on any of the information contained in this site without first consulting legal counsel, which is why readers are advised to seek experienced legal representation in connection with disability related issues. Our Internet links are not associated with us, and we do not guarantee the accuracy of, any information contained in any link.
Copyright © 2020, Law Offices of Jeffrey Delott
Site Powered By: WebDesignYou