Why You Should Not Share Any Personal Opinions
A typical CE exam is quick and to the point, so it is important to stay focused on the review of your condition. Limit yourself to only talk about your condition and not opinions.
Do not tell a disability doctor you think you are dying, that you think the examination is unnecessary, that you do not trust doctors, or that you believe your current medical treatment is not good.
Some or all of these opinions may be true, but as mentioned, this is not the time to complain or opine about the validity of the exam. The doctor is not there to diagnose you or treat you, so do not say things that will make them question you or make you appear untrustworthy.
Not Sure About A Consultative Examination Contact Joel Thrift Law Today
A consultative examination is more than just a routine visit with a doctor. At Joel Thrift Law, we can review your disability claim application and advise you of any preparations you may need to make before going to your CE. Our established Social Security disability law firm handles all aspects of disability claims, from filing the initial application, collecting documentation to build a solid claim, to representing claimants in the appeals process.
If you have been denied disability benefits, we can help you navigate every step of the appeals process, if necessary. Do not jeopardize your case by going it alone. Contact us today to schedule a consultation.
Preparing For A Consultative Examination
Even if youve already seen your personal doctor, you may have to go through an additional consultative exam . This is required if the SSA needs to get additional medical information on your condition, clarify some of the info youve already given, or ensure that the info is up-to-date. The SSA will schedule and pay for this exam through the local Disability Determination Services office.
The exam will not be conducted by the SSA itself but by an independent physician. In fact, the SSAs first preference is for your own personal doctor to conduct your supplemental exam. If your doctor is not available, not willing, or not qualified to perform the CE, the SSA will call on a different independent doctor to do it.
What should you expect from the disability doctor during the CE? The physician will only gather the needed medical information on your condition the consultation is not intended to treat you. However, you can expect to undergo certain tests such as x-rays, blood work, psychological exams, and the like, if the doctor sees the need. You are also allowed to bring in or request a free qualified interpreter if you are not confident with your English proficiency.
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Your Age And How It Can Affect Your Disability Insurance Claim
People who are older than 50 are defined by Social Security as being of advanced age. This means that they fall into a different category and may have a better chance of qualifying as physically disabled. Why?
The Social Security Administration uses grid rules to guide their claims process. These SSA grid rules are complex. The grids fall into four categories:
- Maximum sustained work capability limited to sedentary work as a result of severe medically determinable impairment
- Maximum sustained work capability limited to light work as a result of severe medically determinable impairment.
- Maximum sustained work capability limited to medium work as a result of severe medically determinable impairment.
- Maximum sustained work capability limited to heavy work as a result of severe medically determinable impairment.
If you are found to be severely medically impaired, Social Security will use one of these grids to determine whether you are disabled or not. The grid rules take many factors into play including your age, your education level and your previous work experience.
If you can still do sedentary work, the SSA uses the grid for people who are limited to sedentary work. If you can still do light work, the SSA uses the grid for people who are limited to light work. And so on for the grids that designed to be used for medium or heavy .
That brings us to the second sign that you may have a better-than-average claim: medical evidence.
Social Security Disability Doctor Evaluation
As mentioned above, what you need from your physician is not just treatment but supporting information and opinions regarding your disability. Ideally, you have already visited with your doctor for your disabling condition before you initiated your disability application. If you applied with the SSA first before getting a doctors appointment, you run the risk of getting an unfavorable decision from the SSA before you even see your doctor.
To get ready for the disability consultation, gather the available facts and information relevant to your claim its wise not to assume that your physician knows everything. List all the limitations that you experience due to your condition. Write down even the effects of your medication and other treatment. Make a copy of this list that your doctor can keep.
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Can You Get A Copy Of Your C& p Exam
You have the right to request and obtain a copy of your C& P exams by contacting the VA medical center where the exam was conducted, or your VA Regional Office. VA decision makers often place significant weight on C& P exams when deciding claims. Therefore, it is important for you to review the exam to determine if the results are favorable. Furthermore, you can ensure that the exam was filled out completely and thoroughly, reflecting the most accurate information possible.
Requesting to see your examiners credentials from the VA may also be helpful, as it can reveal whether he or she was qualified to issue a medical opinion on your disability. For example, if a nurse practitioner conducts an examination of a veteran with a complex neurological disorder, he or she may not be considered qualified enough to evaluate that condition.
C& P exams are often considered to be the most important piece of evidence in a veterans claim file. If an exam is incomplete or not conducted, VA is not fulfilling its duty to assist the veteran in developing his or her case. If you are a veteran who filed a claim but has not had an examination yet, we recommend insisting on an examination at every stage of the claims and appeals process until you get one if no examination is performed, it can be very difficult to prove service connection.
The Examiner Provides Irrelevant Or Outdated Medical Research As Rationale
On C& P exams where service connection or etiology are being established, the VA examiner is required to reference medical research that supports his or her medical opinion. Take a look at the medical literature they list on the report. If the evidence referenced was published more than five or ten years ago, this could help your case. Or, if the evidence referenced is regarding a different type of disability or does not discuss a connection between the type of in-service event or injury you experienced and your current disability, you should address this.
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Who Is Eligible For The Dtc
You are eligible for the DTC only if we approve Form T2201, Disability Tax Credit Certificate. A medical practitioner has to fill out and certify that you have a severe and prolonged impairment and must describe its effects. Answer a few questions to find out if the person with the disability may be eligible.
If we have already told you that you are eligible, do not send another form unless the previous period of approval has ended or if we tell you that we need one. You should tell us if your medical condition improves and you no longer meet the criteria for the DTC.
See Eligibility criteria for the disability tax credit to know more about the requirements to be eligible for the DTC.
Disability Inclusion In The Good Doctor
Nic Novicki , Antonia Thomas , Freddie Highmore
Our guest blogger today is Nic Novicki. Hes an actor, producer, disability advocate, Founder/Director of the Easterseals Disability Film Challenge, and Board Member of Easterseals Southern California. Nic makes a guest appearance in ABCs The Good Doctor, on an episode that will air on Monday, March 9 tune in!
Easterseals purpose is to change the way the world defines and views disability. This amazing organization exists to make profound, positive differences in peoples lives and has been doing so for more than 100 years.
For the past 7 years, the Easterseals Disability Film Challenges strategy has been to advance disability representation in entertainment and cast disability in a new light. We are actively partnering alongside the entertainment industry to advance disability inclusion, break down misconceptions and stigmas, and make sure people with disabilities are included in front of and behind the camera.
Our work is paying off. In recent years, there have been a number of new TV shows that devote more airtime to giving dimension to disability and providing exciting new opportunities for actors with disabilities. Groundbreaking shows like Netflixs Special, ABCs Speechless and The Good Doctor have been leading the charge in hiring and featuring people with disabilities both in front of and behind the camera.
TUNE IN MONDAY, MARCH 9
Watch a clip below:
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What To Expect At A Consultative Examination
The type of CE required depends on the information a claims examiner needs to resolve unanswered questions about your disability. For instance, you may not need an examination if an X-ray, blood test, or other laboratory tests will provide the medical information the disability examiner needs.
If the doctor asks you about your current condition, tell the doctor about any new symptoms or physical changes that have occurred since you filed your disability claim. For example, if you have a back injury that is now limiting your mobility, describe how this change has impacted your daily activities. In addition, mention any hospitalizations or surgeries you have had due to complications from your disability. You can send this updated information to your disability claims examiner if you havent already done so.
The doctor may ask you why you believe your disability prevents you from working. Be specific and honest in answering the questions and include how your health or mental condition affects your ability to do your current job.
After your CE, the doctor sends your test results or the outcome of your examination to the DDS. While each disability case is different, a doctors report usually includes:
- Diagnosis and prognosis of a condition
- Results of a test, examination, or lab work
- A statement about the patients ability to work, what type of work activities the patient can still do despite the patients disability, or the patients inability to work.
What You Need To Know When Social Security Sends You To Their Doctor
If you applied for Social Security Disability Insurance benefits, you may receive a letter requiring you to take a consultative examination . A CE exam is designed to evaluate your current medical condition and limitations. Receiving a CE request means the disability claims examiner in your state could not determine whether you have a disability, and the severity of the disability, based on the medical information you included in your application for SSDI benefits.
Each state has a Disability Determination Services that reviews disability claims for the Social Security Administration . The DDS makes recommendations to the SSA on whether a person is disabled under the Social Security law.
SSDI provides monthly benefits if you have a medical condition that is expected to last at least one year or result in death. Before receiving these disability benefits, however, you must prove that you cannot continue working in your most recent job or other jobs for which you may be qualified. Medical records play a key role in proving that you have a disability, which is why a claims examiner wants as much information as possible from your medical file.
On one hand, you may be reluctant to have a CE, especially if you believe you provided SSA with sufficient information about your disability. On the other hand, by not complying with the CE request, you may jeopardize your opportunity to receive disability benefits.
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How To Claim The Disability Amount Once The Dtc Application Is Approved
You can claim the disability amount on your tax return once the person with the disability is eligible for the DTC.
- To claim the disability amount for yourself, see line 31600
- To claim the disability amount for your dependant, see line 31800
- To claim the disability amount for your spouse or common-law partner, see line 32600
If a person was eligible for the DTC for previous years but did not claim the disability amount when they sent their tax return, they can request adjustments for up to 10 years under the CRA’sTaxpayer Relief Provision.
To claim the disability amount for those prior years, you can ask for a reassessment. For more information, go to How to change my return.
See the following chart to know the maximum federal disability amounts and the maximum supplement for children with disabilities for prior years.
Failure To Follow Treatment
If you fail to follow the treatment prescribed to you by your doctor, the Social Security Administration will deny your claim. The reason for this is that the examiner will not be able to accurately determine whether or not your condition actually prevents you from being able to work if you are unwilling to cooperate with treatment.
If there is valid reason for not following through with the treatment prescribed by your doctor, you can bring this up during the appeals process. You will, however, want a Social Security Disability attorney representing you in this case.
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What Happens When Social Security Sends Me To The Doctor
A Consultative Exam or CE is a medical examination that the SSA or Social Security Administration asks you to obtain during the course of processing your claim for disability benefit. Not all people who have submitted a claim will be asked or required to get the CE. It is usually reserved for those who have a claim, but who also have scant evidence that their condition is serious enough to warrant benefits or support.
Also, you may be asked to obtain a CE if you have not seen your physician for a length of time and the SSA is ensuring that the condition is as disabling as claimed.
His Name Is Adam Traumatic Pneumothorax Im Hungry
In flashback, Sean Murphy and his brother are living in an abandoned bus. Sean asks if they can get a TV. No. His brother replies. Why? He responds. Because were poor, dude. Seans brother gives him a gift, even though it isnt Seans birthday. Its a toy doctor/surgical kit. Sean touches the toy scalpel in wonder. It is the same toy scalpel that has been seen throughout the episode, and that Dr. Murphy carries with him. Seans brother ruffles his hair the same way Dr. Murphy ruffles his hair as an adult.
Dr. Murphy goes into surgery with Dr. Melendez and his team. Dr. Melendez tells Dr. Murphy that he will only ever be allowed to do suction, and will never be allowed to do anything more complex. There is also the implication that he will not be able to work as a doctor past his residency. This is front of the entire team. At this point I was basically screaming EEOC complaint! at the screen. Dr. Murphy rightfully calls Dr. Melendez very arrogant. The episode ends.
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Providing Your Residual Functional Capacity
An RFC is a detailed assessment of your ability to perform certain work-related activities in light of your symptoms. Your RFC is the most you can do on a regular and sustained basis and is created using the objective medical evidence in your file. RFCs can be either physical or mental assessments. If your condition doesn’t meet a listing, then RFCs are one of the most important things that your doctors can provide for you.
Remember, though, that RFCs must be supported by objective medical evidence for the SSA to give them consideration otherwise the SSA can disregard them.
Approval Rates For Denials
Social Security disability applications face an overwhelming 70% denial rate upon initial evaluation. That is a huge number but it is based upon several very different factors, such as applying for a condition that does not meet the criteria or lack of proper medical documentation.
Fortunately, the Social Security disability benefits program offers a comprehensive set of appeals guidelines that have a great success rate.
When you appeal a decision, the understanding at that point is that you truly believe you qualify for disability benefits. You might go back and review your medical documentation to ensure that you have provided everything that the SSA needs to make an informed decision.
In some cases, new information has presented itself since you initially filed, and this new information can help to make your case even stronger.
The reality, though, is that your initial request for reconsideration goes back to the SSA so this appeal level only has an average success rate of 13.8%.
The best chance for a successful appeal comes at the disability hearing level, where you have the chance to speak with an administrative judge about your condition. You are able to bring witnesses who can support and corroborate your claims. There is an average success rate of 62% at this stage.
The two remaining levels are the Appeals Council and taking the case to federal court. The Appeals Council approval rate is about 13% and only 40% of federal court cases receive favorable decisions.
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