PLEASE don’t act a fool at a Social Security Consultative Evaluation

Posted on February 25, 2010 by Anthony Reeves
Posted in Social Security 

Now, I know that sounds so simple.  In your mind, you’re probably thinking “What does that have to do with anything?”.  Well, as silly as it may sound, you may be completely surprised by the amount of people who truly “lose their mind” when it comes to these evaluations.

Usually, at some point of the social security process, the government is going to ask you to attend a consultative evaluation.  These evaluations are usually with a physical or a mental doctor who will evaluate your situation and prepare a report which will be used as evidence in your disability case.

It’s amazing the amount of times that I’ve had to give this speech but I think it’s time that I share some things to any of you who find yourself being scheduled for a consultative evaluation:

1) If you don’t go, they use the fact that you didn’t go to deny you AND that information goes in your file.
Most people don’t realize that COMPLIANCE with going to appointment that SSA sets up for you and PAYS FOR is considered when evaluating your case.   So don’t think that just because you decide to NOT show up that it won’t affect your case.  Trust me.  It will.

2) Don’t go thinking they are going to TREAT you like you are their patient.

Read my lips, “THEY ARE NOT YOUR DOCTOR!”.   So many times, people think that these doctors are there to treat them like their own doctors.  Don’t get me wrong.  In some cases, you may establish a relationship with the doctor that might evolve into a doctor – patient relationship.  Just remember, you are there to see them ONE time so don’t expect too much.

3) They are only focusing on what YOU said was wrong so don’t go in there ADDING a bunch of stuff you never said before.
Remember all of those posts that I wrote about being consistent on your forms?  Well, be CONSISTENT in what you say to the doctors as well.  These evaluations are not your time to start giving a laundry list of things that you have NEVER brought up before.

4) Get ready because the appointment will probably be short.
It’s amazing because people get really upset when they find themselves IN and OUT of an evaluation in 15 minutes.  I always tell me to not expect too much when you go to these appointments.

5) You may only get one shot so BE on time, BE honest, and DON’T BE a jerk
Let me tell you RIGHT now, if you go in there and act a FOOL, they will tell you to leave and it WILL go in your file.  If you lie, it WILL go in your file.  If you’re rude, it WILL go in your file.   So just remember that this is part of the process and roll with it.

6) Don’t be slick because if they SEE IT they will write it.

I once had a client who alleged that he had a back problem that required a cane and the moment he walked out of the appointment, he put the cane under his arm and walked to the car.   Now, what do YOU think happened when the medical personnel from the doctor’s office saw him walking?

7) You don’t know what they are going to write so don’t think what they will tell you will be in the report.

On so many occasions, I have to remind people that they can’t rely SOLELY on what the doctor says.  Just because they tell you that they think you should get disability, doesn’t mean that they will write it in the file.

8) Whatever happens there will be a part of the record.
If you are nasty, if you change your story, if they think you’re faking, if you showed up late, you NAME it, they will put it in the report.

I know it’s hard but I have to constantly remind people that YOU have the burden to approve your case.  Don’t think that SSA is trying to help you with anything.    It’s on YOU!

Comments

2 Responses to “PLEASE don’t act a fool at a Social Security Consultative Evaluation”

  1. Rin on March 3rd, 2010 12:28 pm

    Your “don’t act the fool” advice is great. What do you do, however, if the doctor assigned to conduct a functional evaluation actually puts your life at risk, because they refused to look at your medical records (“too much work”) and/or recent MRI/CT scans (“too much work”) ? I had to make the decision– follow this doctor’s orders, or follow my physicians’ (all 7 of them) orders? I kept a smile on my face and did what I could– but, I had to refuse some parts of the exam because (per my own doctors’ orders) it would have endangered my life. I constantly referred the doctor to my treating physicians’ orders at the top of my medical chart, but he repeatedly refused to read the “too long” medical records sent by DDS/SSA; and he refused to modify the functional exam to meet the criteria clearly outlined in the neurologists’ reports. The entire experience was horrific, and I wanted to leave– but, I stayed and remained polite and respectful. Later, when I told my treating doctors what happened, they were shocked and appalled that SSA/DDS would even prescribe the exam. My neurologist– always calm and professional– turned purple and asked, “what is wrong with these people? Are they trying to kill you?”

  2. Anthony Reeves on March 4th, 2010 10:50 am

    The reason I put a post about “acting a fool” is because a lot of times people go into these evaluations with the expectation that they are going to receive treatment. The consultative evaluators don’t always have an intimate knowledge of the conditions affecting the persons they evaluate so it’s always wise to defer to a treating doctor if the evaluator requires something that the patient has been told NOT to do. The only difficult part is that if a person doesn’t comply with the evaluator, that failure to comply is noted in the evaluation. The smart thing is to ensure that the treating doctor has adequately documented the restrictions so the patient can have something to counter if the issue regarding the failure ever comes back up.

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