Sometimes the Social Security Administration sends you to one of its own doctors for an examination, called a consultative exam. If that doctor doesn't make statements that support your claim, your case isn't over. I've attended over 1,000 Social Security disability hearings, and this is how I deal with an unfavorable report.

The goal is to convince the judge that this doctor's opinions aren't reliable and shouldn't be given any weight. Then the judge should look to the other evidence in your record that supports a finding that you're disabled, or send you for a new exam with a different doctor who will hopefully give more favorable opinions.

1. Is the doctor qualified for your condition?

First, look at whether the examining doctor has the right qualifications to give opinions about your medical condition. If you have a brain injury, you want to be seen by a neurologist. If you have kidney issues, a nephrologist. If you have bone or spinal problems, an orthopedic doctor. Whatever your condition is, the doctor should specialize in it, or at least know it well and treat patients who have it.

If the doctor isn't qualified, raise that with the judge and ask for a new consultative exam with a doctor who is qualified to give opinions about your condition.

2. Was the right testing done?

Second, look at whether the doctor did appropriate testing to determine how severe your impairments are. A lot of the time, the testing at these exams is pretty minimal. For a physical exam, it might just be a range of motion and reflexes test. For a mental exam, it's often basic testing of your short-term memory and concentration.

If the doctor ran any specialized tests, look them up once you get the report. Find out what good results and bad results look like on that test, and whether the test is even appropriate for your condition. If it isn't, that's something to raise with your judge, again asking for a different exam with a different doctor.

3. Did they only take an X-ray?

If the SSA's doctor X-rays a part of your body, you'll probably want to get an MRI of that same body part, if that's available to you. The SSA orders X-rays because they're inexpensive, but they don't show in much detail what's wrong. Sometimes an X-ray picks up severe findings, but usually it won't. If your case rests on a musculoskeletal problem, an X-ray exam generally isn't enough to show that you're disabled.

4. Are there errors in the report?

The last and most important thing to check is the report itself. Is there anything in it that's inconsistent with your own medical records or your personal history? If you can show inconsistencies, you can argue that the report can't be relied on and that the judge needs to send you to a different consultative examiner so you can get an accurate report.

What to do

  • Get a copy of the exam report and read it closely.

  • Check the examining doctor's specialty against the condition you're claiming.

  • Look up any specialized test the doctor ran and what its results mean.

  • Ask about getting an MRI of any body part the SSA only X-rayed.

  • Compare the report against your own medical records and history, and note anything that doesn't match.

Final thought

One unfavorable report from an SSA doctor is something you can challenge. Look hard at who examined you, how they tested you, and what they wrote down.

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@bradthomasdisability

How To Deal With Unfavorable Reports From SSA Doctors

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