These examinations are scheduled and paid for by Social Security when there is not enough recent medical evidence in the file on which to base a decision.
The doctors who perform these exams do not work for Social Security. They are in private practice and hire themselves out under contract to perform exams for Social Security. Many different kinds of doctors do this. The only requirement is that they must be a licensed physician.
Here are common complaints you hear every day about these doctors:
- "The examination was incredibly short; lasted only a few minutes
- "The doctor was rude."
- "The doctor seemed to think that nobody should be on Social Security disability. He disapproves of the program, and it shows."
Doctors with a strong bias against Social Security disability will look for ways to attack the claimant's credibility. I have actually known of doctors making statements like this:
"I smelled smoke on the patient's breath during the exam, although he says he does not smoke." (In short, "He is a liar").
"I observed the patient getting out of his big pickup and walking across the parking lot to my office. He did not limp or show any evidence of being in pain." (In short, "He's a big fake").
"The patient says he is is not able to sit for more than 15 minutes due to back pain, but I observed him sitting in the waiting room for 25 minutes and he didn't show any signs of being in pain." (In short, "I can tell who hurts and who doesn't)!
Here's the truth about consultative exams: They are not given to determine your state of health or to see whether or not you are disabled. They are scheduled so that Social Security decision makers can close your case and meet the technical requirements to make a decision.
So, must you attend a CE? The answer is yes, or risk being denied for non-cooperation. If you must attend the CE, are there any suggestions that may be of value to you? I offer 10 suggestions below:
1. Arrive a few minutes early. Never push your appointment to the last minute. It irritates the doctor. I've seen doctors refuse to do the exam because the claimant was late.
2. Have someone drive you to the hearing and go into the waiting room or lobby with you. Don't arrive alone.
3. Take all your prescription medicine bottles or a list of all those drugs with you.
4. Try to be cooperative with the doctor. If you can't do everything the doctor wants (heel-to-toe walking, tandem walking or touching your toes), explain why you can't: it causes too much pain in your back, etc.
5. Don't be shy about telling the doctor what your functional problems are. When the doctor asks why you stopped working, be sure you give a disability related answer. Don't say, for example, "I felt like I was old enough to quit," if your real reason for quitting was excessive pain or difficulty standing, walking or sitting.
6. Don't exaggerate your problems but don't play down your health issues, either. Most people really don't want to be on disability and have a hard time admitting that they are disabled. Don't go into a consultative examination with the "Oh, I'm doing pretty well" attitude. The doctor will take it seriously and it will soothe her conscience (if she has one) when she tells Social Security that there's nothing wrong with you and you just need to go back to work.
7. Don't do obviously dumb things. Don't be tempted to hobble into the consultative exam on crutches when you normally don't use crutches. Don't wear a cervical collar if it wasn't prescribed by your doctor and if you don't need a cervical collar. These theatrical props are worse than exaggerations, they are dishonest and are sure to get you denied. Be aware that you may be observed from the moment you drive into the parking lot until you drive away. Most doctors probably don't do this but I know of a few who admit to it. They think they are CIA operatives.
8. Don't volunteer more information than you need to. Some claimants hurt their cases by telling the doctor things that he doesn't need to know: about the grandchildren, pets, hobbies, trips, vacations, gambling (hitting the jackpot),....the list goes on and on. What seems like harmless and friendly chit-chat with the doctor may put a knife in your back with Social Security. Things may get taken out of context or misunderstood. Less is usually better. Focus on the exam! The doctor is not your friend.
9. Don't contradict yourself. Let me give just one example (there are many others). A person tells the doctor he does not smoke or use any tobacco product. Yet, the doctor smells cigarette smoke on the patient's clothes. A non-smoker, and especially a doctor, can spot a smoker fifteen miles away on a clear day, and eight miles away on a rainy day. It is obvious. If you do smoke, just admit it. If you don't smoke, don't wear clothing to the exam that has ever been anywhere near cigarette smoke! If your spouse rides to the exam with you, no smoking in the car! In fact, if your car has been smoked in, rent or borrow a car for the exam. I'm not kidding here. I've had this happen. There is one doctor in Huntsville who has a very anti-disability mentality. She will go out of her way to find things like this and rat you out to Social Security in hopes of getting you denied. The fact that you smoke isn't the real problem. The problem is lack of credibility or being dishonest. The problem is telling the doctor that you don't smoke, then the doctor smelling smoke on you. Avoid that. If you smoke, just say, "Yes, I do smoke." They won't deny you for that.
10. Don't ask the doctor if he thinks you are disabled or if he thinks you have a good disability case. The doctor will not decide whether you are disabled. It's not his job. Asking him that question will probably go into his report and it will look bad to the real decision makers. Basically, let the doctor do his thing and cooperate the best you can, then leave quietly and quickly. Get out of there! No chit-chat. Have the person who brought you to the exam drive you home.
By the way, if you've had a bad experience with a consultative "Social Security doctor," email me. I'd like to know about your experience.
__________
THE FORSYTHE FIRM
Charles W. Forsythe
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297
E-Mail Me: forsythefirm@gmail.com
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