WHAT IF YOU GET A JERK TO PERFORM YOUR CONSULTATIVE EXAM?

Doctors in private practice often contract with Social Security to perform consultative medical exams on claimants.  These exams are called CEs for Consultative Examinations. You may be sent to a "Social Security doctor" if there isn't enough recent medical evidence in your file for a decision.

Again, these doctors don't work for Social Security.  They run their own private practices.  They agree to do examinations for Social Security for a certain fee per exam, which Social Security pays.

A lot of these doctors are fair and try to do a good job.  However, some of them are just jerks, and I'm being blunt on purpose.

Usually, a patient can tell what kind of doctor she is dealing with the moment she sets foot in the examination room.  My clients frequently complain that consulting doctors were rude, inconsiderate, condescending, disinterested and rushed during the consultative examination (CE).

Here are things that a doctor has written about some of my clients in the past. I have to say that this particular doctor is worse than average,  and obviously is not one of my favorites. 

"The patient told me he does not smoke.  However, I thought I detected the smell of tobacco on him while performing my exam."  [So, there is a new medical smell test now?]

"This patient arrived in a large pickup truck.  I watched him as he parked, got out of the truck without any sign of pain and walked into my office without a limp."  [Is she doing a medical examination or an FBI investigation on a criminal suspect?]

"He stated that he could not sit more than 15 minutes at a time because of pain in his mid-back.  However, I had him sitting in the exam room for over 45 minutes and he didn't stand up once.  He didn't complain of back pain and his expression didn't indicate any discomfort whatsoever."  [She not only is a good doctor but a mind reader as well.  She can tell when a person's back hurts just by glancing at him].

The patient complains of back and leg pain and the inability to sit for prolonged periods without elevating her feet.  Prior to calling her to the exam room, I observed her sitting in my waiting room for at least 30 minutes and I observed no sign of discomfort whatsoever."  [Sounds like there's no reason for an exam.  The doc can determine everything just by peeking through the knothole in her door].

The thing that disturbs me most about this doctor is the obvious lack of fairness and objectivity.  The doctor has a very obvious bias or prejudice against Social Security disability and those who seek it.  She clearly believes that anyone trying to get disability is a malingerer or fraud.  She seems to think any benefits awarded will come out of her own pocket.  Not only that, but she treats those who come into her shabby office as if they were criminals under investigation.  They are not.  They were once hard working citizens who became disabled and have applied for Social Security disability benefits (which they paid for and may be entitled to).  And, of course, the obvious failure of the doctor to even try to be objective is concerning.  With this particular doctor, I have not seen even one single exam where I felt she made any attempt to be fair or objective.  Her obvious goal is to get the claims denied and she dedicates herself to it with a passion.  She obviously has her own agenda here, and it shows.  I don't expect much out of a consultative examination but I do expect at least the attempt at objectivity.  Again, some doctors are fine, even though they rarely help us win cases.  All I ask for is fairness and some politeness.

What should you do if you encounter one of these ugly doctors during a consultative examination (CE)?

Things not to do:  Don't argue or antagonize the doctor.  Be as cooperative as you can and do what is asked of you if possible.

Things to do:  If you experienced problems with rudeness, extreme brevity of the examination, or an obvious attitude from the doctor, complete the exam, then just leave quietly.  When you get home, write down a few of the observations you made at the examination.  Write down the time when the exam began and when it ended.  (Can a doctor really do a thorough exam in 9 minutes)?  If the doctor made statements that you found offensive, write them down while they are fresh on your mind.  You can share this with your attorney-representative.  

The main thing to remember is:  You must attend the consultative examination if one is scheduled.  Failure to show up will probably get your claim denied for non-cooperation.  You need to cooperate with the doctor to the best of your ability, even if he/she is non-professional.

Finally, I want my clients to know that Social Security decisions are generally made on evidence from their own doctors or providers, not by consultative doctors.  That's why it is so important to have your own regular physician who follows your treatment.  Records from your own doctor are much better than anything provided by any one-time consultative exam (CE).  See your own doctor regularly and keep him/her aware of your medical and functional problems.  Try to remain compliant with recommended treatment.