what does my lawyer mean by he requested a more in depth physical exam for disability approval

by Schuyler Schaden Jr. 9 min read

How will my attorney determine if I meet a disability listing?

 · There are two types of CEs, physical and mental. Physical CE exams usually take around 5-20 minutes and include a few physical tests and a few questions about your health history. Mental CE exams usually run 15-45 minutes, primarily consists of questioning, and may include a mental status exam.

What happens when I first call a disability attorney?

What happens at a physical exam for Social Security disability or SSI? A complete consultative physical exam involves all of the elements of a routine physical examination, but may be much shorter. For instance, your blood pressure, heart rate, weight, and other routine facets of a standard physical examination will be checked.

What happens at a physical exam for Social Security disability?

 · Generally, the DDSs look to the claimant's medical records first for evidence regarding their disability. However, sometimes the evidence is insufficient or unavailable, so a consultative exam is ordered. A consultative exam is a physical or mental examination or test purchased on behalf of a disability claimant by the Social Security ...

Are you worried about a disability medical exam?

Consultative exams can be physical, psychiatric, or psychological in nature. They can also include ophthalmological exams, blood work, and the taking of x-rays. What happens at the medical examination is at the discretion of the disability examiner ordering the exam. The examiner obtains only what is necessary for a decision to be made.

What should you not say in a disability interview?

The following five statements should never be announced at your disability hearing.“I can't work because no one will hire me.” ... “I don't know why I'm here. ... “I don't do chores because my significant other, friend or family member does them.” ... “I have never used drugs or alcohol in my life.”More items...•

What are the stages of disability determination?

4 Steps to the Social Security Disability Determination ProcessStep 1: Initial Application. To be awarded disability benefits, you first have to assert your right to them. ... Step 2: Reconsideration. ... Step #3: Hearing. ... Step #4: Appeals Council and Beyond.

Do CE exams usually end in denials for disability?

Not all CE Exams end in disability denials, but many do. It's sad, but very often these exams are scheduled just so that the examiner can have an excuse to close the case.

What can I expect at a disability physical?

At your appointment, the doctor or examiner will inquire about your medical history and any subjective complaints you have about your medical condition. He or she will then conduct your physical examination. This will include performing any tests requested by the DDS.

What is the most approved disability?

1. Arthritis. Arthritis and other musculoskeletal disabilities are the most commonly approved conditions for disability benefits. If you are unable to walk due to arthritis, or unable to perform dexterous movements like typing or writing, you will qualify.

What conditions automatically qualify you for SSDI?

What Conditions Automatically Qualify You for Disability?Musculoskeletal disorders (e.g., bone, joint injuries, skeletal spine injuries)Special senses and speech (e.g., visual disorders, blindness)Respiratory disorders (e.g., chronic bronchitis, emphysema, asthma)More items...

How soon after my SSDI medical exam will I know their decision?

Typically, the consulting doctor will send their evaluation results to the DDS within 10 business days of the examination. The determination from this evaluation may take even longer if more tests are required, if a new condition has developed, or if the case requires another step through a technical or quality review.

How long does it take to get a decision on SSDI after CE?

After filing your application, you generally receive your initial decision between one and four months. Your initial application for Social Security Disability benefits, whether filing for SSDI or SSI, is completed online via Social Security's website.

Why is SSD sending me to their doctor?

What Does it Mean When Social Security Sends You To a Doctor? If social security sends you a letter asking you to see a doctor at their expense, it means that the disability examiner thinks there is not enough medical evidence on the disabilities that you are alleging.

What happens at a Social Security physical exam?

For instance, your blood pressure, heart rate, weight, and other routine facets of a standard physical examination will be checked. Alternatively, the physician will just evaluate the part of your body that is impaired and/or perform tests requested by the claims examiner, such as an exercise stress test.

What is step 3 of the Social Security process?

Step 3: A medical screen to allow applicants who are the most severely disabled. Medical evidence on an applicant's impairment is assessed under step 3 using codified clinical criteria called the Listing of Impairments, which includes over 100 impairments.

How do I pass a continuing disability review?

If you want to keep yours, here are some tips on how to pass a continuing disability review:Follow Your Treatment Protocol. ... Learn More About Your Condition. ... Answer the Short Form Honestly. ... Keep Copies of Your Medical Records. ... Inform the SSA of Any Change in Address.

What does a consultative exam do for a disability?

A consultative exam is a physical or mental examination or test purchased on behalf of a disability claimant by the Social Security Administration in order to make a disability determination.

What to do if you have a dispute with SSDI?

Should a dispute arise regarding the propriety of the exam or the subsequent disability determination, you may need to seek the advice of a legal professional. A lawyer will walk you through the process and fight for every last penny to which you're entitled. Get a head start and contact a skilled SSDI attorney near you today.

What to do before a medical exam?

Before going to the exam, claimants should be prepared to provide a clear statement of their symptoms, history (including medicines taken and doctors seen), and the primary reasons that they can't work due to their condition. After the exam has been completed, claimants should make a written record that reflects how many minutes the doctor spoke with you, what tests were performed, what the doctor asked you, what the doctor asked you to do, and whether you had an opportunity to explain to the doctor what you felt were the symptoms of your condition.

What is a lab test?

The results of lab tests; A diagnosis and prognosis for the impairment; A statement regarding what work-related activities the claimant can do despite the impairment; and. An explanation or comment on the claimant's major complaint found during the history and exam.

What is claim number?

The claim number; A physical description of the claimant; The claimant's major complaint; A detailed history; A description of the relevant positive and negative detailed findings based on the complaint's history, exam and lab tests; The results of lab tests; A diagnosis and prognosis for the impairment;

What is a consulting doctor's report?

The consulting doctor's report must meet accepted professional standards and practices for a complete and competent examination. Although the information contained in the report will vary depending on the type of examination, it must contain sufficient information to allow the DDS to determine the nature, severity, and duration of the claimed impairment, and the claimant's ability to perform basic work functions (for adults), or functioning (for children). Consulting doctors must include what the claimant states are his or her symptoms, the objective medical facts, and the consulting doctor's observations and opinions.

How long does it take to get a medical exam?

General medical examination - at least 30 minutes. Musculoskeletal or neurological examination - at least 20 minutes. Psychiatric examination - at least 40 minutes. Psychological examination - at least 60 minutes (though more may be required depending on the types of psychological tests needed)

What is a medical exam for Social Security?

Medical exams conducted for Social Security objectives are not for the purpose of delivering medical treatment. Instead, their purpose is to provide a recent snapshot of a claimant's conditions and various limitations. Consultative exams can be physical, psychiatric, or psychological in nature. They can also include ophthalmological exams, blood ...

What happens if you don't go to the consultative exam?

If you don't go to the consultative exam that Social Security arranged for you, and you don't reschedule it, your disability claim could be decided without medical evidence from the consultative exam. In all likelihood, this means you would be denied for failing to attend a consultative examination, and you would have to appeal to have your case ...

How to reschedule a disability appointment?

To reschedule an appointment, call your disability claims examiner. The notice you received about the consultative examination should include the phone number to call. Write down the day and time you called and who you spoke to, in case Social Security later says that you didn't reschedule the appointment.

What does it mean to get an appointment letter for Social Security?

Getting an appointment letter for a Social Security medical examination means, at the very least, that a claim is actively being worked on. In some cases, it may be that a claims examiner who is leaning toward making an approval needs to obtain additional evidence, such as an x-ray. However, a CE appointment can also mean ...

How long is a Social Security medical exam?

It is a common complaint among claimants who have gone to CEs that the duration of the exam was only five to ten minutes. Sometimes a comprehensive consultative exam won't be scheduled; for example, when the claimant is sent to only have an x-ray or a straight leg raise test.

Do DDS examiners read medical records?

And though DDS examiners often send a portion of a claimant's medical records to the physician who will conduct the CE (to inform the doctor of the patient's medical background), some CE doctors don't actually read the file ahead of time. Additionally, Social Security medical exams tend to be fairly brief.

Can a consultative exam be used to decide a disability claim?

Consultative medical examinations are not necessarily the best way to get evidence to decide a disability claim. For one thing, a doctor who conducts a consultative exam has typically never seen a claimant (the disability applicant). And though DDS examiners often send a portion of a claimant's medical records to the physician who will conduct ...

What is a disability medical exam?

Many people who apply for Social Security Disability benefits will be required to undergo a Disability medical exam ― otherwise known as a “ consultative examination ” or CE. While this can be nerve-wracking, it is just part of the process. It simply means the Social Security Administration needs more information about your condition ...

What to do during a disability exam?

The last thing you want to do during a Disability medical exam is exaggerate your condition. Don’t say you have pain “everywhere” or try and make your condition look worse than it really is. The doctor and staff will observe you arriving at the office, entering the exam room, and getting on and off the table. They will be on the lookout for dishonesty and credibility issues. It’s important to be specific, straightforward and honest at all times.

What to do if you can't make an appointment with the SSA?

If you are unable to make the appointment due to an emergency or extenuating circumstances, you should communicate this as soon as possible to the SSA so it can be rescheduled.

What happens if you are late to a doctor's appointment?

If you are late, the doctor may refuse to see you and the exam will have to be rescheduled, which can further delay a decision on your claim. Additionally, the doctor will make written remarks about your behavior and demeanor, including if you were cooperative and if you arrived on time.

Who performs the Social Security exam?

The exam will be performed by an independent medical professional who you probably have never seen before. He or she is being paid by the Social Security Administration to conduct an exam and give an unbiased opinion about your current condition and limitations. The exam is meant to provide a snap shot, not the complete picture.

Can a doctor diagnose you?

The doctor is not there to diagnose or treat you. Their job is to exam you, administer any necessary tests and submit a report to the Disability claims examiner to help them fill in any holes and make a decision on your case. You will not walk out with a prescription or a referral from the doctor.

How long does it take to get a disability exam?

Don’t expect a thorough, comprehensive exam. In fact, you may be in and out within 15 or 20 minutes. When a Disability claims examiner schedules you for a consultative examination, it is often for something specific, such as a blood test or an X-Ray. The goal is to collect information that is missing from your Disability file.

What can an attorney do to prove a disability?

There are three main possible "theories" an attorney can use to do this. Your lawyer can: prove that your condition meets a disability "listing". prove that you "grid" out of all work (including not being able to do your past work) prove that your non-exertional limitations prevent you from working, or.

What does a legal professional do for disability?

Because Social Security frequently dictates the type of exam needed to win a claim for disability, a legal professional will review your medical records to determine whether you need to undergo additional testing. The legal professional may ask the SSA to schedule a consultative examination (CE) with one of their doctors or ask that you get the required testing done on your own, if need be.

What to do if your SSA does not meet the listing?

If your attorney thinks additional testing is needed to meet the listing, he or she may request that an SSA doctor examine you or that you schedule the necessary tests with your physician. If your condition does not seem likely to meet the listing, the attorney will look to other possible theories.

Can an attorney represent you?

You must answer all of your attorney's questions as honestly as you can—even if the questions are embarrassing or you feel ashamed of the answers. Otherwise, your attorney cannot represent you effectively. Remember that your attorney is not there to judge you, but to help you win your claim.

How to answer an attorney's questions?

You must answer all of your attorney's questions as honestly as you can—even if the questions are embarrassing or you feel ashamed of the answers. Otherwise, your attorney cannot represent you effectively. Remember that your attorney is not there to judge you, but to help you win your claim. Also, keep in mind that anything you say to your attorney is privileged. This means that your attorney can only share information with others that you want him or her to share. If you are not sure why the attorney needs to know certain information, you should ask your attorney to explain why the answer is important to your case.

Who will request medical records for Social Security?

Your attorney, or a staff member in the law firm, will request the medical records needed to win your claim and submit them to the Social Security Administration (SSA) at the appropriate time before your hearing.

What is an initial interview with an attorney?

When you first contact an attorney or law firm for representation, either the attorney or a firm staff member will conduct an initial interview with you to gather the basic facts of the case. These facts are used to help determine if the firm will take your case. The interviews are usually done by phone; however, ...

What to ask a disability lawyer about a doctor?

Fortunately, an experienced disability attorney is trained to handle "bad facts." For example, if your records contain opinions by a physician or other medical provider that do not support the fact that you have a true disability and are unable to work, your attorney will ask you questions aimed at limiting the importance of and/or eroding the accuracy of the doctor's statement. For instance, your lawyer may ask you how long you had been a patient of the doctor, whether the doctor was a specialist in your illness, and whether you sought a second opinion.

What to ask your doctor for in a disability appeal?

Your attorney will ask your doctors for supportive statements, submit only the relevant medical records to the judge, and know how to handle bad evidence. In preparing to represent you in a disability appeal hearing, your attorney will want you to answer some detailed questions about your symptoms and limitations.

What happens if an ALJ misleads an attorney?

If your attorney attempts to cover-up the evidence or mislead the ALJ about its importance, both you and your attorney's credibility will be damaged.

Can a lawyer be at an ALJ hearing?

Your lawyer can request that a medical expert be at your hearing (by phone). If your records contain statements about drug or alcohol abuse, it will be especially important for your lawyer to explain to the ALJ what you are doing to treat your addiction.

Who can give detailed opinions?

use detailed opinions only from doctors who are specialists in diagnosing and treating your condition, and

What is a good disability lawyer?

A good disability lawyer will develop the best theory of disability for winning your case, prepare you for your hearing, and arrange for witnesses. Hearing approval rates are about twice as high for applicants who bring lawyers. To learn how a disability lawyer handles other aspects of your case and appeal hearing, ...

Can medical records be harmful to disability?

It is not uncommon for medical records to contain information that is not only unhelpful but may be harmful to a disability applicant's case. Social Security regulations and ethics rules require a disability attorney to submit all relevant evidence to Social Security.

How long is a VA disability exam?

The exam itself usually only lasts about 15-20 minutes, but can range anywhere from 5 minutes to several hours. When veterans go through the disability claims and appeals process, VA has a “duty to assist” them in obtaining evidence to support their claim. Since medical evidence is crucial to a veteran’s disability case, ...

What questions do VA examiners ask?

During the C&P exam, the examiners will ask questions about your disability and how it affects aspects of daily functioning. VA examiners might complete a Disability Benefits Questionnaire (DBQ) as well. Each DBQ is drafted to correspond with a specific condition, and is formatted for examiners to “check a box” next to descriptions that most accurately depict the disability in question. It is important for you to be honest about your symptoms so that they can be properly documented. This method may not always allow for a complete and thorough medical analysis due to its format; this lack of information could potentially result in a denial of benefits.

What is the purpose of a medical examiner's report?

After the exam, the examiner will write up a report that includes a review of the exam’s findings, any clinical test results, and any medical literature used by the examiner to determine etiology – the cause or origin of a disease or condition.

What to do during C&P exam?

During your C&P examination, be honest about your symptoms so that they can be properly documented. Bringing a friend or family member to your exam may be beneficial so that they may serve as a witness to the symptoms that impact your daily life.

Why is a DBQ important?

It is important for you to be honest about your symptoms so that they can be properly documented.

What happens if you apply for service connected compensation?

After applying for service-connected compensation, VA will send a notice either informing you that an exam has been scheduled, or indicating that you will need to schedule one on your own behalf. If an exam is already scheduled for you, VA will provide the date, time, and location that it will take place .

What is a C&P exam?

A Compensation and Pension (C&P) exam, is a medical examination of a veteran’s disability, performed by a VA healthcare provider, or a VA contracted provider. VA uses C&P exams to gather more evidence on a veteran’s claimed condition before issuing a decision and assigning a rating. Most commonly, C&P exams are used to 1) confirm ...

What is the first question people ask when they apply for disability?

The first question people ask when they apply for disability is whether they will be approved for benefits. Unfortunately, the odds that your disability application will be approved at the initial stage of the process are not good.

How long does a disability last?

Eligibility for social security disability benefits requires either that the disability lasts, or is expected to last, 12 months or longer, or will result in your death. This means that disability benefits are paid only for long-term disability; short-term disability does not qualify.

How many work credits do you need to be disabled?

For example, if you were disabled at age 29, you need four years of work history and 16 credits. 31 to 42 years old: You need a minimum of 20 work credits,

Is alimony considered income for SSD?

Certain payments considered income for income tax purposes, such as alimony payments, are not counted as income for purposes of determining monthly income for SSD purposes. Likewise, you can be ineligible for benefits even if you earn less than SGA. For example, if the SSA finds that you could perform other work, ...

Can you sit for long periods of time on disability?

If, however, your disability prevents you from performing even these tasks – for example, if you cannot sit for long periods or if you cannot perform administrative tasks like typing or filing – the SSA would find that you were unable to perform any of your prior work, and your application would likely be approved.

How much is a Social Security disability in 2020?

Individuals pay into Social Security by working certain covered jobs, and their earnings are converted into work credits. In 2020, $1,410 in earnings is equivalent to one credit (like SGA, the amount changes annually).

Can you get disability if you work irregular hours?

If your monthly earnings exceed SGA, but you were provided special accommodations, worked irregular hours, or required frequent breaks to work, the SSA may still rule that you are eligible for disability benefits. Certain payments considered income for income tax purposes, such as alimony payments, are not counted as income for purposes ...