Overview of Disability
Disability Back Pay
Disability Advice Tips
How long do cases take?
How to win Disability
SSD Mistakes to avoid
Disability for Mental
What if you get denied?
How to file Appeals
Disability through SSA
SSI Disability Benefits
Disability for Children
How do I qualify for it?
Working and Disability
Disability Award Notice
Disability Lawyer Q&A
Disability Conditions List
What is a disability?
Your Medical Evidence
Filing for your Disability
SSD SSI Definitions
SSDRC authored by
SSDRC Disability Blog
SSA Medical Exam and your own Physician
"Dear Tim Moore,
My wife has been receiving SSA Disability benefits for about 8 years. All of a sudden SSA wants to send her to their doctor for an exam. I assume, to try and kickher off the rolls. They requested a report from her treating psychiatrist, (she sees him weekly), her psychiatrist said he sent it in. SSA scheduled her for an exam anyway, (in about two weeks from now.) Does she have a right to "insist" that they use only her doctor's report.? If not, does her treating physician have a right to be present and participate in the exam as he does under the Department of Labor's workers' compensation program? Thank you for your time."
Social Security conducts The Continuing Disability Review for SSD and SSI claimss on most Social Security and SSI disability beneficiaries. In fact, when a disability claim is approved, a future disability review date is set. Generally, these review diaries are set for three or seven years depending on the age and medical condition of the disability beneficiary. So this is nothing unusual.
As to the question about having a right to insist that they use your spouse’s treating medical professional’s records only, Social Security does not allow anyone the right to determine whose medical records they can use.
However, they generally give weight to the treating medical professional. Has your spouse made sure the disability examiner has received the necessary records from her doctor? The fact that her doctor says they were sent does not mean that the disability examiner received them.
Lastly, Social Security does not allow other doctors to be present at their consultative examination. In fact, they generally would not schedule any examination if they have received current medical records for the disability beneficiary; which, tells me that either they did not receive the records, or they do not address your spouse’s functional ability, or they just need more clarification with regard to your spouse’s condition.
I would suggest to you that you have your spouse ask her treating physician to complete a physician statement. The statement should include her diagnosis, prognosis, and treatment, response to treatment, limitations, and medications.
The statement should also include a statement or opinion as to your spouse’s ability to perform routine activities including her ability to sustain employment when her limitations of her condition are considered. There is a fairly good chance if you do this your wife would not have to go to the exam. Of course, it may just be as simple as they have not received your spouse’s medical treatment record records.
Return to: Social Security Disability Resource Center, or read answers to Questions
When Social Security Disability Sends You To A Doctor, What Kind Is It?
Who is The Doctor for a Social Security Disability Claim or SSI Case?
What should you get from your doctor to file for disability benefits?
Why Will You be Sent to a Social Security Doctor for your disability case?
Will Social Security Grant Disability If I Have Not Been To the Doctor?
If I apply for disability and my doctor says I am disabled, is there a waiting period to receive benefits?
SSA Medical Exam and your own Physician
How Important is the Treating Physician to a Social Security Disability or SSI case?
Information on the following topics can be found here: Social Security Disability Questions and in these subsections:
Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI
These pages answer some of the most basic questions for individuals who are considering filing a claim.
Filing for disability - How to file for SSD or SSI and the Information that is needed by Social Security
How to Apply for Disability - What medical conditions can you apply and qualify for?
Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?
What happens if I file a disability application and it is denied by a disability examiner or Judge?
How to Prove you are disabled and qualify to win disability benefits
How do you prove your disability case if you have a mental condition or impairment?
Social Security Disability Back pay and How Long it Takes to Qualify for it and receive it
Social Security Disability SSI - Eligibility Requirements and Qualifications Criteria