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April 1, 2010

Consultative Examinations and Social Security Disability Benefits

examining room.JPGWhat is a Consultative Examination?  A consultative examination is paid for by the Social Security Administration (SSA) to help determine what disabling condition(s) the Social Security disability claimant may be suffering from. This examination may be performed by a psychiatrist, psychologist, or a medical doctor.

The role of the examiner is to generate a report that the Social Security Administration will consider to determine if the disabling condition meets the standards set forth by the SSA to be a disabling impairment preventing the disability claimant from working. This medical professional will not treat you, but instead will most likely question you about your disabling conditions.

Do I have to go to the Consultative Examination?  Your claim may be denied if you do not attend the examination. While many Indiana residents complain that the physician at the examination did not adequately evaluate their disability, Attorney Scott Lewis advises his clients to go ahead and "jump through this hoop" in order to move the claim along. Although, it is very important to let the medical professional know all of your disabling conditions and try to explain how these disabilities affect you in everyday life.

Can my treating physician do my consultative examination?  Yes, but Attorney Scott Lewis has never seen this done. Perhaps, treating physicians will not accept the low fee the SSA offers, or other reasons may exist. Almost always, the SSA will have a person that has no knowledge of the disability claimant's condition perform the examination.

In Attorney Scott D. Lewis' Social Security disability practice, almost all disability claimants have similar complaints of consultative examinations. These complaints include:

  • The medical doctor, psychiatrist, or psychotherapist didn't listen to me and would not even address the actual disabilities I have. 
  • The medical doctor, psychiatrist, or psychotherapist rushed through the examination.
  • The medical doctor, psychiatrist, or phsychotherapist told me that I was disabled and there shouldn't be a problem getting my benefits, but then shortly after I was denied benefits by the Social Security Administration.

In conclusion, Indiana resident going through the lengthy disability process need to acknowledge this is just one more step they are going through to hopefully receive their disability benefits. Attorney Scott Lewis finds that your own medical professional is usually your best bet when appealing your disability claim.

If you find yourself filing an appeal and you suffer from various disabilities such as back problems, arthritis, diabetes, heart problems, depression, or any other disabling impairment contact the law office of Scott D. Lewis for a free consultation today at (317) 423-8888.

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November 3, 2009

Acceptable Medical Sources for Social Security Disability

check mark.JPGAre you an Indiana resident filing a claim for Social Security disability?  Are you seeing a medical doctor regarding your disability?  Is your treating physician a nurse practitioner?  It's not uncommon for claimants to schedule their medical appointments with the medical office nurse practitioner rather than the doctor.  This may affect whether or not you will receive a favorable ruling on your disability claim.  

When the Social Security Administration (SSA) evaluates a claim, they will review the medical evidence submitted by your medical sources.  Treatment notes, medical documentation or records must be submitted by "acceptable medical sources."  The SSA has two categories of medical sources.  There are "acceptable medical sources" and other health care providers that are not "acceptable medical sources."  It is important to submit medical evidence that was reported by "acceptable medical sources."

"Acceptable medical sources" may include:

  • Licensed physicians
  • Licensed or certified psychologists
  • Licensed podiatrists
  • Licensed optometrists
  • Qualified speech-language pathologists

Unfortunately, the SSA does not categorize nurse practitioners or chiropractors as being an "acceptable medical source."  This means that the medical evidence from a chiropractor or nurse practitioner cannot establish your medical impairment.  Although, information from other sources can be used to support your claim. These other sources may include non-medical sources such as social workers and employers; and public and private social welfare agencies; and other medical practitioners, such as physician assistants, nurse practitioners, naturopaths, and chiropractors.

Does this mean that your claim will be denied because you are not seeing an "acceptable medical source?"  Not always, the ultimate decision is in an Administrative Law Judge's (ALJ) hands.  It is important for Indiana residents to keep in mind the medical sources that the SSA prefers may enhance your ability to receive a favorable ruling. 

If you would like a free consultation with Attorney Scott D. Lewis to discuss your Social Security disability claim, call (317) 423-8888.

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