Saturday, August 30, 2008

Social Security Consultative Examinations

Here are some common questions I hear when Social Security schedules an evaluation/examination with one of their doctors:

Do I have to attend the consultative examination?

Since you are applying for Social Security benefits, you have a duty to assist Social Security in obtaining the information it needs to evaluate your case. This includes going to evaluations/examination that Social Security may schedule for you. So, the general answer is “yes,” you do need to go the examination.

Of course Social Security cannot make you attend a consultative examination. But if you do not attend, your case may be denied, or even dismissed.

What if I cannot attend the consultative examination?

If you cannot attend, contact Social Security right away. However, do not just contact any Social Security office. The notice your should have received when Social Security scheduled the consultative examination should provide the name and telephone number of your case worker. In Colorado, the consultative examination is usually scheduled through Disability Determination Services (so do not let that name throw you, it is the Colorado agency that performs the initial development, evaluation and determination of your Social Security case). So, even though the letter may say, “Disability Determination Services,” it is still for your Social Security case.

Let the case worker know that you cannot attend the examination and the reasons why you cannot attend.

TIP: keep a log of any telephone calls between yourself and Social Security, including date, time, who you speak to and a summary of the conversation.

WATCH OUT: I have seen several cases where an individual called Disability Determination Services and cancelled an evaluation only to receive a denial a short time later because they “did not keep the scheduled evaluation.” Unfortunately, your only recourse is to appeal the denial.

However, keep in mind that if Social Security denies you for missing an evaluation they schedule, it is a safe bet that the judge will ask you why you missed the consultative examination when your case goes to hearing. This is where your log showing your communication with Social Security can come in handy.

If you have kept a log of your communication with Social Security regarding the cancellation of your consultative examination, you have a better chance of convincing the judge that it was not your fault and that it was Disability Determination Services that made the mistake.

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