Social Security has the authority to request that you attend a consultative examination at any point during your application for disability benefits. This is typically a brief appointment with a doctor of Social Security’s choosing. The reports from these appointments are rarely supportive of a finding of disability, however, we typically encourage our clients to go to these consultative examinations and participate fully, as not doing so can be used as a reason to deny a claim for benefits.
We are noticing a recent increase in orders for post-hearing consultative examinations. This can be quite anguishing for our clients, as they have typically waited over two years to talk to the judge, and now they find themselves waiting even longer, and with the outcome of their case likely resting on the result of the short appointment with a doctor they have never met before.
If you have been sent for a post-hearing consultative examination, here are some of the things you may be able to do to increase your chances of a supportive report:
- Be honest and try your best. If the consultative examiner suspects any dishonest or exaggeration, they will include this in their report, damaging your credibility.
- Realize that you are being observed from the moment you walk in the door, or perhaps the moment you get out of your car. They are on the lookout for people who are trying to manipulate the system, so be very aware of what you do and say before, during, and after this appointment.
- Bring the documents, if any, that your attorney recommends for the doctor’s review. Some doctors will refuse to look at the records, but a hand-carried packet of the key evidence from your electronic file can be helpful to allow the consultative examiner to have a background on what tests have been run and what diagnoses have been made.
- Be patient. Once the consultative examiner’s report is in the electronic file, your attorney will have time to respond to the report, and perhaps may choose to request a supplemental hearing or may ask that one of your doctors write a response to the report. All of this takes time, which means a decision in your case may be many months away.