WHY SOCIAL SECURITY'S DOCTORS GET OVERRULED IN COURT

When individuals apply for disability, Social Security will often refer them to one of their contract doctors for a consultative examination.  More often than not, the doctor will not find any disabling impairment.  As a result, Social Security will deny benefits.

However, the opinions of these doctors are often easily refuted in court and claims that were denied on the basis of their "examinations" may be overturned and approved.

Here is what you should know about these superficial consultative exams by Social Security:

1)  The exams are usually brief, superficial and insufficient to determine if you are able to work.

2)  The law requires that more weight be given to the opinions of your own doctor than those of the consultative doctor.

3) A one-time examination is often legally insufficient to form a conclusion about disability.

4)  Social Security's doctor is seldom a specialist, and even if he is, not a specialist in your disabling impairment.  For example, if you are disabled by arthritis and the doctor who examines you is a dermatologist, he isn't a specialist in your case.  20 CFR 404.1527 directs that if your doctor is a specialist, he must be given more weight than the Social Security doctor, in most cases.

In spite of all this, Social Security denies cases by the thousands, based on the word of one of their consulting doctors.  This is wrong and can often be overturned.

Anyone denied by Social Security after attending a consultative examination should appeal immediately.  You have a 60 day time limit to appeal, so don't delay.  Get your appeal into the hands of a good representative who knows the regulations.  There's a good chance your denial is just plain wrong and will be overturned by a judge.  If so, you will get full benefits, including back payments for the wasted time.
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The Forsythe Firm is a private advocacy firm, not affiliated with the US Government or the Social Security Administration.  Our time is spent helping disabled clients get Social Security disability benefits.  Contact our office for a free,confidential consultation at (256) 799-0297.  

www.Get-SS.com

 www.Get-SS.com

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