Beware of Consultative "Evaluations" Required by Social Security Disability
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- Опубліковано 30 тра 2024
- Most Social Security disability claimants will be directed to see a Social Security medical doctor or psychologist for a consultative examination at some point during their SSDI or SSI case.
As I discuss in this video, most consultative evaluations with medical doctors are often a waste of time as SSA uses industrial clinic doctors who otherwise help workers compensation insurance companies deny claims. Psychologists on the consultative panels, however, are more likely to produce reasonable reports.
Consultative evaluation reports have taken on more importance with SSA’s new policies that remove controlling weight from opinions by long time treating physicians. You should be prepared to testify about what happened at your consultative evaluation, especially if the doctor spent only a few minutes with you.
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I cannot BELIEVE that a judge is allowed to give more weight to a 10 min random exam than doctors that have treated you for years!!! That is screwed up. Why do they allow this???
Good question. I DNT even know myself. I wish I had some answer to that.
it's like how do you survive waiting on this
Know a woman who did this at beginning of her career in psychology, she quit after 10 reviews because it was made clear to her to give an unfavorable report for the claimant. She said, it was like working for the devil she had to quit.
CAR Jones can you please tell me what happened
whoa! 😱
Kudos to her. It's such a travesty. The judge I saw even lied on my unfavorable decision letter. I have another hearing of which I plan on slam dunking his ass with the facts.
@@catherha1 the Judge I saw here in downtown San Diego in September told me and my attorney that I won my case but on his hearing report it was unfavorable and he lied about so many things and made up things and made assumptions as well as denied my psychiatry notes and functional capacity test from my psychiatrist.
I couldn't believe what I was reading!
Kerri Papstein do you mind sharing the name of the judge? I have my hearing next week in the same city
I'm in my 2nd 'go round' trying to get SSI. ~ I went before a judge last Sept. who, at the end of the hearing had come up with a 'zero' job sum for me. She interviewed me for about an hour, asked questions that were relevant and it appeared she'd read my medical record. (both physical and mental) I left with my atty., feeling as if I'd won.
Two months later, I got a 14-page denial letter that bore NO resemblance to the hearing I'd been at, except in the most tenuous terms. Bottom line was the judge actually wrote: "That even though Miss Nash produced over 1000 pages of medical documents and Xrays, as well as psychiatric records covering over 20 years.... I AM CHOOSING NOT TO BELIEVE IT." - I was floored! This was like a worst-case nightmare scenario. I was told (wrongly) by my atty. the only way I could appeal would be on a 'procedural' issue.
Needless to say, I had to start from scratch. My mental health evaluation is next Monday. Wish me luck!
If your Disability is in dsm5 I dunno how they could bpd cptsd are all DISABILITY'S
-THAT'S NOT FAIR. YOU SEE A DOCTOR FOR YEARS AND ONE OF THOSE DOCTORS THAT WORK FOR THE STATE CAN DETERMINE YOU ARE FINE. AGAIN NOT FAIR.
I think that as a practical matter most judges will find evidence from a long time treating doctor more compelling than a 1 time visit with a consultative doctor. My guess is that this change in policy was designed to avoid situations where a non-credible doctor might say that someone is disabled and under the old rules, SSA judges had no choice but to accept those findings. Still it seems a little extreme to completely eliminate a reasonable reliance on treating doctors.
sir you mean to tell me no matter what state a judge can go against your treating dr even if you mental rfcs? im lost so if you been going to your dr for years with supporting evidence now in 2017 you still can lose? thats not making any sense so can the appeal commision find the judge was wrong inspite of the ssa law has changed its making me feel its not worth filing since you said the treating judge has no power now...this is bothering me ...a judge can not approve you even though you have mental rfcs? this is mind blowing
superdeejaycool This is the second UA-cam video I've come across today, written by a lawyer? wth? Let me explain, sorry if a bit scatter brained. lol... The first thing this video should have told people (imo), is to, if at all possible, request that they see their own Dr. for this. As you absolutely should know, as a disability lawyer. It states in social securities own "rules". The treating physician/s, is the preferred physician! There is little exception to this. For example SS finding the Dr to somehow be unqualified, or seriously questionable. Now, for you that are reading this for help. The tricky part here is one, your Dr will have to agree to accept SS's crap payment. This is if your Dr will even want to fill out a RFC. If they won't, or say they can't, due to the group they are in, not allowing it, or whatever their excuse is. Then they certainly arent going to do this! Find another Dr & don't apply for SS disability, until you find one that can & will support you! So, if you're lucky as heck & have a supporting Dr, that's also willing & able to take SS's pay! Do a happy dance & immediately call the person that is head of your case(not sure who, just call your local SS office, they will be able to tell you. Then, sweet as a southern bell(after all, they make the initial decision of your case!) let them know that you would like to change your exam, to be done by your Dr. Explain that your Dr. is willing to take the pay. You will know this because you Must ask your Dr. way ahead of time! Before even applying if at all possible! If not, you very easily will Not have time to change that appointment!!!! Oh & be sure to give them the contact info of the Dr that will do the test. As well as ask them if there's anything else you can do to help them. Dont get cheesy, just for example... Are there any documents I can help you obtain from "any of" my Dr's, Don't skip this! These are overloaded, possibly highly stressed workers & more often than not, likely listen to complaints & rudeness a lot. I know my sons caseworker sounded surprisingly pleased with my offering. One last thing.. If the person taking care of your case, is sadly a jerk or such & they argue with you or refuse to change that appointment, *kindly* ask to speak to their supervisor. If they refuse still, say thanks & call back local SS office, asking to speak to a supervisor. Explaining, only to a supervisor what the full issue is. Good Luck All!
It doesn't say anywhere that we should condone unfairness or be unfair on purpose. @Jeremo Brown
I have an appointment coming up. It is a psychological examination. I was approved by VA for disability and they kind of did the same process. Is this a good sign? I applied 3 months ago.
I had a stroke a few years ago. I had a psychologist hired by the government to do a 3 hour evaluation. The dr determined I was not able to work. The judge immediately threw that out and determined that I was able to work. So doesn’t seem to matter all that much.
I'm a doctor who does consultative evaluations. Personally, I don't care one way or another - I get paid per patient, not based on my decisions. Here are my tips, and things I've learned:
1. If you can put your problem in one sentence, you probably have a serious disability. If you have a laundry list, you don't.
2. Drama is counterproductive. Give the facts, don't exaggerate.
3. It is VERY DIFFICULT to fool an experienced physician (I began examining patients in 1976).
Faking anything on the exam will REALLY HURT your claim. Honesty is the best policy.
4. Don't talk about your MRIs, or diagnoses. You are there to determine YOUR disabilities, not your MRI's disabilities. Explain what problem you have, and how it adversely affects your life.
I.e. "I have low back pain, my back is often stiff, I can't tie my shoes, and it's difficult to walk up a flight of stairs", not "I have three herniated discs on my MRI".
Very good advice. Thank you for your contribution.
Thanks
It is not only absurd but it's ridiculous and could be dangerous especially if someone has a very complicated medical history.
Or if they don't tolerate medications very well, That was another one of my issues.
They denied me SSDI over with that and I still not been able to function normally for 7 years after the CE and sit here homeless and struggling with mental disorders waiting to die. At least I get medical and $198 in food stamp a month and don't have to dig out of the trash at Mc Donald's to eat though.
My evaluator said I need to just take medication so I can work. It's documented that my religion that I've had half my life is against medication use.i was denied anyways. She badgered me into tears over the medication. I filed a complaint against her with my lawyers help. Now I'm in the reconsideration phase
I love how some people jump to the defense of these doctors but most of them are unprofessional. One admitted it on an early post that she does not care what happens and what she really meant was I am going in with a negative attitude. They literally negates any good advice you gave. I saw SSI Consult Monday and he literally ripped me apart for having two different types of inhalers. He would not let me explain that one was for a serious asthma attack if I ever had it again. The other was to try prevent me from having another one. This absolute bullshit and I have a second SSI CE Consult today.
Your commentary on disability cases is right-on. I had to dress & coach my husband so that he could win his appeal for well-deserved disability. Most upsettingly, I also had to coach his attorney who did not prepare for his case until the day before.
So, years later when it became my turn, I decided to get my disability immediately - based on my application. I filled out the form completely & had my medical records in order to send with the application - fully annotated.
I waited six months only to find out the VA was not validating my claims. I got on them & My SSDI was approved a month later. I
am leaving this comment so that everyone knows: your claim is based on you. Your lawyer is not a magician. Do it right the first time and you may not have to pat an attorney $8,000!
Hi! Can you tell us how you "got on them"?
The rules are ridiculous!!! My so-called exam from the consultative doctor lasted all of 10 minutes. NO exaggeration. This consultative doctor is a Pulmonologist, which is a medical specialty that deals with diseases involving the respiratory tract. I have degenerative disc disease, which has absolutely nothing to do with my respiratory system. So why send me to this Pulmonology doctor? Wouldnt it make a lot more sense to send me to an orthopedic surgeon or a neurosurgeon?
Your awesome love the knowledge I just I feel so paranoid at times to even leave my house since my injury get afraid to walk around the grocery store sometimes my back feels like it's to weak man horrible injury pray it will get better
This is so true. There were cameras outside the hearing office and also inside the waiting room. My ALJ here in Houston called an internist during my hearing for a severe case of cellulitis that I've had for two years. This doctor had never seen me before, but I had pictures that were very graphic. Thankfully, he found me disabled and the judge agreed. The judge actuallyasked to see my leg during the hearing and I gladly showed him, so that's impossible to fake. LOL I'm a 60-year-old former legal secretary. Thanks for all your wonderfully informative videos, sir. You have been very helpful to so many people!!!
I definitely found this helpful, so I thank you Mr Ginsberg. I recently went through exactly what you’re talking about. And it was absolute BS. Thank the Lord that I was found able to stay on Social Security but I have to do another one in 3 years.
Just any amunition to deny the case. This information is very sad.
The ALJ in my case was under remand order to obtain additional evidence via consultative medical exam. When he sent the letter to me notifying me that an appointment for such would be set up, I wrote back saying I would undergo the exam only if the doctor was trained in disorders of the spine. The ALJ ever set the appointment. Then he wrote an unfavorable determination saying that I did not follow through on medical treatment, and had no objective basis for the degree of pain I was reporting. Now I am appealing to the 9th court of appeals, pro se. The ALJ also made other errors.
I'm curious how this has played out for you. My situation is a crooked mess and I can't even get my appeal bc of the stuff they did to hurry stuff along.,,,,anyone I can talk to that might be a godsend to help me fix this without all the extra stress? I can't do this much longer and am about to lose everything because of this bullshit
They scheduled one for me
I told them I can't drive that far transportation was needed denied
What happened? Why not hire an attorney and they take money out of the back pay. Do you have insurance? Insurance will pay for all medical transport at no cost to you.
Thank you for all the helpful videos you have on your channel. After almost 2 years waiting I had my hearing on the 28th . Lawyer said would roughly be 30-40 minutes. Literally I was in and out in 20 min and had won my case. Now the next steps 🤷🏻♀️ thanks again
I arrived 15 minutes early, they made me wait 90 minutes (spy on me much ? Lol).
I made the doc read my 4 MRIs before he laid a hand on me...Friendly old doc said 'youre in pretty bad shape for a young guy'
I said 'well, make sure thats reflected in your report ".....I recorded the visit,
Just did a SSA psych and physical eval - I thought when doctors said "give your best effort" that was funny- like people give their "best" effort everyday at a 9-5 job?
The doctor I saw for the physical eval was rather a senile old lady, and in my observance I seem to be her first SSA exam. She was checking things that have no real bearing on work functionality, but what-ever. In general, the tests didn't test even the slightest endurance. I made sure to make mention of my issues.I do agree about being honest, but the physical tests seem to be lacking a test of endurance. Psch eval went without trouble, doc was pretty cool. Good luck folks ;)
Thanks I've been hospitalized twice in a psych ward and I will definitely take my discharge papers and medication.
Same
Thanks for sharing. Great info.
I just had my psychological evaluation a week ago. The evaluation was only 10-15 minutes long. How can anyone diagnose you during that time? 😑
same with me, like 15 minutes
1996 started receiving ssdi , in 1999 they sent me in to a shrink . i get a letter every 4 years asking if anything has changed , i give a list of everything new , keep every dr visit . 2006 they sent me to a shrink . with all my ailments from 1996 to 2006 , i just get letters fill it out and add the dr name address . they will send back a letter it will say you need to go , or they do not need to see you . 2010 to 2018 i just get letters saying they do not need to see me . but my alments has got 4 times longer since 1996 Jonathan has good advice
How can they legally choose the doctor instead of your own doctor..that is how you know this is just a way for them to close the case legally in a denial.
When you have fibro, everything DOES HURT.
You are not the first person to point this out.
I had my hearing 1/27/2020 i learned that the Examiner found me credible and true to my disability, the VE stated that i could do 3 jobs so my lawyer and the Judge both question the VE and then he said I wouldnt be able to 10% of an unskilled job and would end up fired. I have Lupus Sjogrens an Fibromyalgia with damage to my nervous system which causes me to have tremors seizures loss of esophagus function an everything else that goes along with it. Now its the waiting game
I haved learned so much from your videos !
THat is the idea!
I have had this happen a couple times the funny coincidence with both times I seen one of these consultants I had just gotten out of hospital from back surgery and was still wearing my support braces and still had the staples in my back. Let's just say my evidence was pretty obvious and not being hidden nor did I have to lie or exaggerate. First time was in 2001 and second time was 2008 I will say that was good timing for me and certainly made my case easy to uphold. The 2008 consultation was last time I ever had to go to one since then all I have had to do is fill out a questionnaire every 3 years and send it back in. But now that I am in my 60's why should I have to keep doing these dumb reviews. Been on disability now over 20 years do they think at my age I will all of a sudden have some miracle cure?
This fits the exact experience I had when I filed for SSI. I saw IMA doctors for a physical exam as well as a psychological one, and both of them declared me capable of working, plus their reports were very given a huge amount of weight in my case compared to my GP and my therapist of 15+ years. I was able to argue this point at my hearing, and won. I found this video just now because I was looking for pointers about having to see an IMA doc as part of a continuing disability review, but I suppose it'll be about the same. At least this time I know a great deal more about both my own condition and what the doctors are looking for.
How about a fractured spinal column in three places, diabetes, Barrett syndrome, chronic pain, sleep apnea, irritable bowel syndrome, arthritis, anemia, etc. Then being denied because they say I can work. I appeal, win my case, then find I am allowed to work and earn $1200 a month.
Who would hire you or keep you very long after all those problems?? That's what they never say, after a certain age or number of health issues, you are not employable. People have no endurance like that. IT IS a rigged system.
thank you so much mr gensburg thank you for this informations, thank you.
Yeah I been through it , it took 10 min to have to appeal she seem like she didn't want to be their , to figure out MDD & other health issues she even changed the test cause I was struggling to make it easier for me !
I had my hearing yesterday and my attorney is optimistic. The VE said there were no jobs I can do for 2 out of 3 hypotheticals. The ALJ however said she might order a CE. My case is a migraine case, I hope the Judge will just rule fully favorable without CE. We did present records.
My visit was hilarious. The doctors was like, I can’t say anything, but, yeah, you’re looking pretty solid. I broke my leg and and dealing with a messed up knee and nerve damage in my ankle.
very2 Good information, Thank so much and I apreciate it👍👍👍👍👍👍
You are very welcome.
Gracias Gracias excelente Gracias 🙏
Thank you. I'm going for my ssd evaluation in about 6 hours and my whole life depends on this going through finally and unfortunately I can't afford an attorney. Thank you so much for your help. You're a saint.
Update: I feel my eval went well. My case is both physical and mental but mainly mental. My eval was psychological. The man was very nice and didn't make me feel stupid when I did my zoned out thing. (I have severe PTSD with what they call random flashbacks. It can literally happen mid sentence and half the time I feel like I zoned out for only a couple seconds and wouldn't be noticable when I actually zone out for several minutes. I actually relive bad events like it's happening presently) he said he thinks I needed to be on stronger meds than I'm on that they aren't adquately help me at all. And said he didn't think the PTSD only just started a couple years ago. Based on what we talked about he felt I have been dealing with this for several decades untreated. Hopefully this means everything is going to be ok. Oh and he was also concerned I don't like to eat.
And to specify when I say zone out, I quite literally don't hear anything, see anything around me at the present moment and it's like taking the event and putting it on fast forward with all the emotions and what I saw rapid firing. Then when I do snap back in trying really hard to act like I know what's going on when half the time I look for queues from other people how I should be reacting since I missed everything. It's brutal. The panic attacks coming back or when it's triggered are even worse. I've had people tell me it looked like I was dying. It feels that way too. Sometimes yelling hey at me or speaking a bit louder can snap me out of it but it usually just has to run its course. It like having the worst possible nightmare while you're wide awake. And you're always sort of in a confused blur when you do snap back.
How did everything go?
Thank you..I just got a notice from SS telling me I need to have a Physical Examination from their Dr. after viewing the report from my Dr...Your video gave me some great advise.
Paul Stuart how did it go?
Excellent presentation!
Thanks Prince.
I just came back from my exam lasted an hour and a half. What I thought was very interesting was an entire wall with a double-sided mirror and somebody videotaping me on the other side. The doctor did a series of physical exams then came x-ray time the technician asked me to lie down on a flat table with a bad back condition to take the x-rays at that point he signaled the person on the other side of the double-sided mirror to start filming me. All in all it looked pretty bad on their behalf very unprofessional scam like
I personally will be recording my session. To make sure the fakes are known and seen first hand. I have found in life not to trust anyone. Especially people who have authority over you. Anyone who has Authority or could make a difference in your life good bad or indifferent should be recorded. They may not like it. But it is a true reminder to people that. The water in my world goes both ways. You mess with my life I will ruin yours. But not until you have forgotten me. When you have no idea why this is happening to me. That is where I shine in this world. The world has to choices. Let me stay in my hole in the ground where everything is safe and secure. Or force me out like a bear and hope for the best. I have found the world makes the wrong choice every time.
I just had appointments with consultative physical and psych Drs. The physical Dr was very sympathetic and as I was leaving she hugged me and wished me luck.
Jamie, that is a good sign!
Social Security Disability videos I'm praying it was, but I've been denied several times in the past. Started a new claim in March. Just found your videos last night and I'm taking notes. Multiple physical and mental conditions, several are listed
My C.E lasted from 9:30 am to 11:30. The Dr was Dry as expected but covered everything. Apon leaving the Dr asked me ' if I had ever been diagnosed with Scoliosis' ? Scoliosis is not one of my issues. Made no sense.
It is possible that the doctor saw an unusual curvature to your spine - it won't hurt your case to have an additional impairment identified.
i didnt like that doctors who dont know my history have input in such an important event. why not use all my docs and specialists? makes more sense right?
Why is SSA sending me to two separate evaluations on two consecutive days?
My treating doctors and hospital have been real morons - I hope these Consultative SSA doctors merely have 20/20 vision to see I clearly meet a List Item (and a Grid Rule) -
Edit - I see now looking at the letters, one is for physical and one for psychological - I have some psych problems, not enough to be "disabling" -?, I have definite physical issues, but who knows? - if the head doc can add to the case, OK. Many of the doctors I encounter should have learned to program computers or to work in an office away from dealing with people -
The Social Security Administration MIS-used mine to DENY my review case. I'd had it for only 3 years before they sent me to a total JERK un-accompanied and he LIED on many of his testimonial statements about my emotional and mental state. My NEW lawyer said she would've sent a Nurse Practitioner along with me so he couldn't have done something like that.
What he don't tell you is there totally against you from the time you walk in the door tell you leave. its like pulling teeth the government spends are money on everything but the people.
I was approved by the social security doctor he said I was unable to work but yet I got denied, now I have another appointment with another one of their doctors it sounds fair I can't walk I'm using a walker but they denied me because they say I have a good mind smacking my head, I don't understand what a good mind is nobody knows what I'm going through I don't enjoy living my life like this I raised two grandsons that I would love to get out in the park with and I can't but yeah they know my mind !
I have a disability ever since I was little now they're asking for the physical exam through their doctor why is that.
An hour?? My last 3 year evaluation lasted about 7-10 minutes. And his personal result decided whether or not I was able to stay on SSI, or not. This is a dr I’d never even seen before, he was really short, and had a quite snotty attitude. What is the worst, is that wait for the decision.
The SSA sent me for a CE on my previous claim and I was denied. They didn't send met for a CE on this (new) claim but according to their online info, they still made a decision. Why would the SSA NOT send me for a CE before making a decision?
Wish I had hired you. My lawyer is a dead beat so far. I’m 100%P&T veteran which supposedly qualities me for expedited processing. My start date was 22 Nov 17. I’ve had very little contact with my attorney, been denied once, had one exam and scheduled for another next month. Nothing from my lawyer regarding what to expect from any of this. Virtually no contact just watching the months and years go by to make the most out of their 25%.
I'm also a vet with 100 and going for a third hearing in April. This system sucks. Been fighting with them since 2016.....
I had an evaluation yesterday I have bipolar 2, anxiety, major depression, ptsd. I was told by the doctor that I have bipolar 1 not 2 and schizophrenia. I'm a targeted individual and i've been electronically harassed by perps they torment me. Why would she say schizophrenia when in fact I'm being tormented everyday I can't leave my house because they follow me. They mess with my internet, they park near my house and use a device that I can hear them talking in my head it's real. Ever since I subbed to a man named Richard Bruce who expose reptilians they have been attacking me helicopters flying over my house every week sometimes twice a day. My brothers have bipolar and schizophrenia. I was insulated when she mentioned me having schizophrenia. Was it wrong for me to tell her I use to be an alcoholic?
Muffy Chao Electronic Harassment is very real! Anyone who is a threat to the real Agenda is targeted somehow! I don't think it will be a problem that you mentioned you used to be an alcoholic. This is not a primary condition or current for you. Even if they do label or mis-label you as schizophrenic the case is in your favor because you are suffering anyway! You will be okay. Someday the evil in this reality will be put out of existence! Peace to you.
I know your comment is a year old but I just wanted to say I hope you won your case and I'm sorry you are suffering. I have PTSD and severe anxiety too and have an upcoming mental exam by Social Security to see if I have a continued disability. It's so stressful having to prove to these people that I'm not faking and am in fact mentally impaired and unable to work due to my mental illness(es). My beautiful older sister had schizophrenia too and heard voices and was also on disability before she died. I am sorry you have these struggles, I know it must be very hard for you! Hang in there and I wish you the very best!
I went to the disability doctor the first time. I could not stand up straight and could barely walk. So he put me on the table and proceeded to push my left leg almost to my head and then he pushed it out to my side. The pain was unbearable. I expressed how much pain it caused. He did send me to have an MRI. After the MRI, it was determined that I needed surgery to fix the back issue at L5-S1. I did not have the money to pay for surgery. I had to wait to hear from the disability judge. I got a disk from the Social Security office with the doctor's report from my visit. His remarks were 100% inaccurate. He stated that I had a normal gait with no stability issues. This was a complete lie. Said that I had minimum pain and basically was in fair condition. The results of the MRI showed spinal stenosis, degenerative issues and other problems as well. I had the Laser Spine Institute in Florida review my MRI and they determined that I needed surgery as well. When the meeting with the judge came around, he "looked" at the reports and said that he wanted me to see another disability doctor again. I was scheduled to see their doctor again. My lawyer said that it would be a different doctor. But it wasn't. It was the same exact one who lied on the first report. He didn't even stand up or ask me to sit on the examine table. He asked me why was I back to see him again. I told him I was following the judge's request and that I was wondering the same thing. He never examined me at all. Didn't ask any questions. He said that he would make some additional notes and send those in. Once I got a copy of that report, it was the exact same as the original. No new remarks or anything. The entire ordeal was a joke. The nurse even said that she remembered me from my first visit. Stating that she saw that I could barely stand or walk. The judge granted me a partial disability with the idea of getting surgery to "fix" my back and then re-evaluate my case. I had a new MRI done a couple of weeks ago. The new surgeon said that if my results were the same as the one in 2016, that I would not need surgery. He said that all I needed was injections. Then a couple of days later, I get a call that he wants me to do physical therapy. I completely disagree with the surgeon. When does a judge get the new information about the new MRI or doctor's reports? Do they usually actually go back and review the new reports and cut off the disability payments? How does the re-evaluation process work?
Thank you ..helps me
You are welcome.
IM CURIOUS,,, I FILED MY CLAIM BEFORE THIS NEW RULE AND MY CASE IS STILL GOING ON AND NOW I HAVE TO GET A CONSULT FROM THE STATE QUACK. AM I UNDER THE NEW RULE OR OLD ONE?
gah I knew I should have given a copy of my 19 page neuropsych and QEEG to my psych eval. i told him about some of it, showed him a image form it as I had a copy on my phone, but forgot to get a copy printed (dont have a printer). he mentioned "oh hmm they didnt send me a copy of that" - couldnt afford the $1.90/page rate at kinkos either
I know this is late, but Office Depot is a lot less if you ever find yourself needing to print something again.
I have to go to one of these. Evaluations for psych analyst I was born with disabilities seizures. Neuropathy migraine headaches 2016 I got beat up into cardiac arrest death I got. Zapped back I got a broken back. I can still move my legs, but I can't walk. I just fall down. I use a wheelchair and because my whole right side along with my lower lumbar got crushed from getting stomped on. I use a wheelchair and now I use a power chair because I'm not physically capable strong enough to use a manual wheelchair anymore. There's some other things too, What do I do this? Psycho doctor he's going to say that I can work. I wish I could work I can't even use a manual wheelchair anymore and this psychologist analyst what does he want? I'm going to bring everything with me my MRI results. My prescriptions but what if the sky is just completely biased and says oh there's nothing wrong with you get a job Now if I was capable, I would love to get a job and I also like to have a girl with kids. I can't even drive. I have to take medtransit I don't even want to go to this appointment. All giving me panic attacks.
How should these exams be handled during COVID 19? My own doctor has had me under quarantine because I’m considered high risk? What should I do if the deny me a telehealth appointment?
The neurologist I was sent to did a ten minute evaluation without ever touching me while he was recording himself on his voice recorder. All he literally made me do was hop on one leg (not even both legs) a couple times and then claimed that I was about to lift 50 pounds and work a 6 hour shift without a problem. It was ridiculous.
Ridiculous but, unfortunately, not uncommon. I would make notes about what happened and advise the judge if you get to a hearing.
Wondering about being sent to an opthamologist. I have an appointment soon & wondering about this process?
I am going for a medical examination 10/16/19. I suffer from Crohn's Disease which causes terrible inflammation and embarrassing bathroom issues. How can I explain my symptoms. I had a psy evaluation a month ago.
If you have Medical Evidence Records that are less than two years old, then ordering a CE exam isn’t likely depending on the condition for the claim and the level of detail the Doctor provided in the records.
That's not true I was diagnosed with cancer, had surgery and in the middle of treatment and they still ordered me to go to a consultative exam
Hi Jonathan, I can't figure out your grid and wanted to ask you if SS can look back on a person's old disability records before they turn 65 and it turns to Social Security?
Please help!!! So I went to the orthopedic exam . Ssi sent me a letter saying "they got the evaluation and strongly suggested that your condition needs further medical investigation". And don't have a treating physician on file. What do I do? What does this mean?
Covis 19 Update Today I received notice all SSDI are suspended until further notice. Controlling weight given to the Consultative Examiner? Their office has me at 6 ft 3 when I am 6 foot even, and my BMI shows obese which is a symptom of my condition. At 6 foot 3, I am not obese according to the BMI chart. At 61 years old, by the time my case goes to a hearing, I may be close to 65 years old.
How about when the SSA does re evaluations ? can they require i be seen over and over by a doctor say every 3 years. just doesnt seem fair to me and creates a hardship and hassle.
Brandon, yes they can insist that you go and if you don't they can use your failure to cooperate as a basis to cut you off.
So what does it mean if they do not have you see on of these consultation Drs? I'm close to my hearing and have not had to see one. First time around I did but I lost. This time I was not ordered to see one. Odd I thought
Hello Mr Ginsberg, thank you so much for helping us get through this difficult process. My hearing is in two days and I have yet to get a hold of my attorney. My question is the SSA sent me for a CE (14 months ago). Most of the report was a straight out LIE. Will the judge actually use it even if it’s 14 months old?
Thank you!!
SS doctor spent alot of time with me and wrote alot of stuff about my conditions is that good or bad he said alot of arthritis hard to breath and joint swollen in hand he checked my knee joints they hurt he said he would report all of this to ss what do you think? And torn rotary and when he bent me side to side it hurt and cracked
this is what my lawyer told me...I was already seeing one Dr then they wanted me to see their Dr for the same thing and a physical therapist which I already had done and went through...my lawyer got the letter as well and they told the SS I would not be going...then they went behind my lawyers back and tried to get me to consent to see their Drs...I called my lawyer back and told them what they had done,,but not sure where it went after that...but any way it pissed off the SS case worker and I was denied immediately.
If you refuse an exam you will be denied for failure to cooperate. Your attorney should have known that. Most of my claimants attorneys will not even take the case without prior consent to attend an exam. What is sad is that people think we use these to deny people which is entirely untrue. I have had claimants call me after an exam and say "that doctor did not do anything. I wasn't even there long". Well guess what that same report is exactly what we can use to ALLOW the claim. It is so distressing to me when a claimant assumes that we are trying to use an exam to deny them when the exact opposite is true. I like these exams because they give us a very detailed discription of your exact problem areas. And this information is very useful when we really want to ALLOW people. But since we have so many assuming we only use these exams to deny people we end up with a lot of "failure to cooperate cases" such as yours. You should be faulting your attorney for giving you bad advice.
Just was denied appeals at alj level cant you help at the federal level?
when ssi called me to remind me of my physical exam they also blind sided me with a mental examine they also wanted me to do on the same day the original letter never said this and my lawyer never got notice of that either my lawyer called the adjudicator and said that and got rescheduled pending other medical tests my question is is that good for me did ssi shoot themselves in the foot?
I don't think it is good or bad - SSA is so big that they make mistakes with sending out notices.
I was seen by a consultive provided by SS. According to this evaluation, I am disabled but they denied it anyway. I continued with my TX for my mental issues and it has been three years already. I had my hearing three weeks ago. I am still weating for the answer.
Mayra Garcia what was the outcome
I don't have pain but I nystagmus and I was born with this and must of my younger years I was told I would not be able to drive so I I gave up going to eye doctors now iam going to be 53 and I am having a hard time with my vision and it's only been a few weeks since I found out exactly what nystagmus really means and causes of it
⛔ i went to the appoint w/ dr. made by SS. The doctor said she doesn't work for SS, but said she works for the firm that has a contract with SS. Which means if the firm doesn't deny the quota or more made by SS....the CONTRACT IS CANCELLED.
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they did it to me and after that I called the reviwer and they said the didnt get my doctors evalutions treatment records I got for them and they found I was still disabled and labled me as a mine medical imporvement not ecpected and not on a 3 year mailer ! YOU HAVE TO FOLLOW UP AND PROVIDE RECORDS !!!!!!
I agree.
I’m skeptical about my chances because I had two strokes and can not think and remember adequately especially in a typical work environment, busy with commotion and time constraints. My evaluation is with a medical doctor and I don’t think there’s much about my coordination or range of motion, etc, that is a huge problem. Is it possible that this appointment with a medical doctor is only one o& many? Should I tell him what I said about my problem? If I just walk a line and pick up a fork, I’ll appear normal, but I’m not. Not to mention the fact that I need way more rest and breaks than ever.
Question:
Although unethical, would the average attorney intentionally “sand bag” your case in the reconsideration phase deliberately extending the process so that they could bring in a larger paycheck when you win in front of the judge?
I think it is unlikely for several reasons. First, as you point out, it is unethical. Second, because the hearing process is so unpredictable, no one can assume that even the strongest case will be approved by a judge 2 years down the line. Third, a case will be approved at recon if the medical evidence is strong enough. SSA requests the medical info directly. Attorneys can supplement that record but if a case is strong enough to get approved at recon (where the approval rate is around 10%), any supplemental record will not make too much of a difference. Bottom line: if an attorney can win at recon, it won't generate much money but it will create a lot of goodwill so most lawyers I know would be happy to see a good case approved early.
I am scared to death. I go on This coming tuesday 3/3 for a Musculoskeletal Appointment for SSDI....
One hour lol I got 10 mins at best doctor was extremely rude and abrassive so much so I cried through the whole exam. However she gave me an extremely favorable report and of course bc it sided with me they just totally ingored the findings and denied me anyways. from the Wayne that the interview went I thought for sure that she was going to basically give me a horrible report so I was shocked to find out that it was favorable and then shocked to find out that I was still denied after the report was done.
Candie Komorowski how do you know the report was in your favor.?
Thank your lucky stars that the consultative physician was skillful and caring enough to skip and ignore all the non-essential trivial details you probably tried to tell her and was "rude and abrasive" enough to compel you to tell her the things she needed to write a good report. Now that you have a favorable report written by a consultative physician that the Social Security Administration picked (and you didn't), you have wonderful evidence for a lawyer to take to an administrative law judge. The fact that the SSA denied your claim is likely par for the course (my lawyer friends tell me). Every claimant who has ever won at an ALJ hearing (and there are tons of such people) were initially denied. If your claim is strong and well organized, an Administrative Law Judge will likely rule in your favor. Remember, EVERY claimant that an ALJ see has been denied by the SSA, so ALJ's are accustomed to overruling the SSA's initial denial. ALJ's have no problem overruling a denial if they believe that the claimant has PROVED his or her claim.
Candie Komorowski ..How can they deny a favorable decision?
Yes same here! My social security consultation went to my favour. Judge refused to accept his findings! What do you do? If the judge won't accept soc security dr. Findings?
I need help!
How do I provide the docs with medical records, etc? Do I do a release form? I can’t imagine going to different doctors and obtaining copies and giving them to the doc at my appt. He will have had no time to look at them.
Social Security was given the contact information of every doctor and hospital I have been too - I am already getting social security and now they are saying that they have not heard from everyone on my list and they want me to contact the providers OR go see one of THEIR doctors. There is no way on God's Green Earth that I am going to go see one of their doctors, I flat out told them that that is a conflict of interest.
Unfortunately if you refuse to see one of their consultative exam doctors they can deny your claim on the grounds that you are being uncooperative.
I was reevaluated last yr got re-approved was sent a letter in Sept/ Oct 2017 and it stated that I would be reevaluated within 3 years 5 months ( Mar 2018 ) later they are reevaluate in my case again nothing has changed everything is the same my question is can they do that? I have a phone interview March 13..Can anyone with information on this PLZZZZ HELP ME...I angry, frustrated ,nervous cause social security is very unpredictable..So again plzzzz help.
Such a scam. I have one coming up in the middle of May.
These people are scammers they ask you dumb question like remembering random numbers or words. Count down backwards and such. Non revel ant scammers in shady offices.
Just went through this BS friday, they do it to see if your mind has memory problems and to see if your able to keep up with a normal persons mind meaning theirs it's a bunch of BS if you ask me
Extacly
The fact is that some people cannot remember them, that is why they ask them. A family member of mine was diagnosed by using these tests, mildly mentally retarded. Good for you if you can remember the random numbers and words, some people can't. When you can't remember your own phone number or house address, but you 'seem' normal to everyone else, something is very wrong.
how long after the CE exam is finished until you get a decision ?
No set time - it depends on how busy the SSA office is.
Is it normal for people who have SSDB get check every three years? Even though they may have a Genetic/congenital disorder and it will never get better....??
I wouldn't try to look too hard for logic in how SSA decides to review approved claimants. There is a certain randomness to the process.
@@ssdattorney I think here N in Kansas it has a lot to do w the fact that disability determination serives is handled by the DCF......oh noooooo.....I've had more issues the past few years then I can tell ya and I asked another social security office.....believe it was the all bldg and they said they hadn't needed or asked for a review for me since 2007....yet I've done a billion
I've got Judge Francine L. Applewhite. the worst ALJ in Washington DC
Son's of Liberty how did it go?
That sucks, I looked at a website that shows approval rate by Judge, I'm from Syracuse, it's rediculous the range of approvals ranged from 19% to 60+%.. don't u think someone would look at the judge with 19%? Average approval rate at ALJ is 63% in Syracuse office.
what if my doctor does not want to fill out a RFC form and or is reluctant to support my disability claim i understand this is common what do i do
Tough call. Obviously you can change doctors or go to another doctor specifically for a functional capacity evaluation. You can also ask your doctor for a narrative report that discusses your functioning and reliability issues. In other cases the medical record is sufficient to demonstrate significant impairments to functioning.
I find it odd that I was never once sent to an sicial security doctor either by my lawyer or by social security. Social security only sent me to a psychologist because I had a anxiety disorder listed. And that was when I was going for SSDI now that I had to start a new claim and go for SSI cause my lawyer said that an appeal of the ALJ ruling they were only overturning them about 13 percent of the time. And that the appeal would have to mean the judge erred in the law in his ruling. I have yet to see a doctor. My lawyer yet if you are getting ongoing treatment they don't. My cardiologist nurse who work for disability doctor for five years was perplexed that I had never been to see a disability doctor.
SSA doesn't always send claimants out for consultatives, although the law says that the judge has an obligation to develop the record. If there were already medical records documenting your cardiac condition that might explain why SSA didn't send you out. Cardiologist consultatives are more expensive than general physical exams - that may also play a part.
Ok thanks Jonathan for replying that makes sense. And thank you for the videos you do. Really a help to me and things to also ask my lawyer about.
1 hr. thats a joke mine was with me for less than 15 min and i recorded it
If a consultative physician can do an exam well enough to write an accurate report after 15 minutes in the exam room (plus whatever additional time it takes to dictate and read the report), then there is no joke. I recently examined a young soldier applying for VA-compensation claim of" headache." I diagnosed service-connected migraine in less than 10 minutes talk-time, and the physical exam took less than 5 minutes (the report took more time than the entire exam). I saw him again yesterday for a "anxiety, dizziness, vertigo" claim and was able to clinically give him a clinical diagnosis of Meniere's Disease after less than 10 minutes talk-time, and again the physical exam took less than 5 minutes.
So, do not discount a doctor doing what he or she knows how to do (figure out what is wrong with a patient) after less that 15 minutes total time.
I wonder how recording helped or did it?
@@johnlary8792 ok so it dont have tobe my primary care doctor? they willcontact for my review?
@@johnlary8792 If you're that good you should be working at Mayo Clinic.🙄
Yeah mine wasn't even five mins. Most pathetic app I've ever experienced and I already knew what his decision was gonna be before I even went in
thanx jonathan let me ask if my liver numbers improved before i get a decision from my consultative will that effect my case
Kevin, generally speaking the evidence record closes at the hearing so post hearing evidence won't be considered.
thanx for everything mr. ginsberg
my lawyer sort of jumped om me for bringing my medical records with me i was never advised that i shouldnt i thought that would be a good thing would you advise your clients to bring along any medical records if they had them
What about deaf person that need to do the exam ?
Pre hearing, after my consultive mental exam end of last month, My ALJ judge cancelled my 2nd hearing. My attorney told me today the Judge is writing his decision. My attorney won't say it is Favorable until she has the decision on hand, but this looks very promising since that was the second hearing to be cancelled. The first was until I went to mental exam which took 30 min or so. SSA rescheduled me for end of Jan, but that hearing cancelled as well.
The consultive doctors report mirrored my treating physicians diagnosis and prognosis.
Thank you for all the helpful information!
Any update?
I have a question I had an appointment to see the SSDI doctors But One of the doctors did not show so the secretary gave me another appointment to see that Dr.
The following week
With this have a negative impact on my case
Also when I saw the doctor the first one he Saw me for 10 minutes did not do much can He really tell what I have in 10 minutes
I don't think a 1 week delay in seeing the consultative doc will have any impact. I agree that a 10 minute "doctor visit" is basically useless. Make sure to make note of the date and time and raise this issue at your hearing.
Do the judge go by both your doctor and your dds examine I just had this examine
Yes, all of the medical records are considered by the judge. Recently, however, SSA changed its policy whereby records from a long time treating doctor were automatically considered more relevant. Now a judge can choose to ignore the conclusions of a doctor who has seen you for years in favor of a report from a one time consultative evaluation. I don't expect that to happen too often but it could.