How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long is the wait?, Disability Application
The Social Security List of Impairments
Qualifying for Disability, Mental Disability
Disability Lawyer Info, Disability Back Pay

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.

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Related pages:

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?

These pages answer some of the most basic questions for individuals who are considering filing a claim.

Can you get temporary Social Security Disability or SSI benefits?

Permanent Social Security Disability

What is the difference between Social Security Disability and SSI?

Who is eligible for SSI disability?

Can I Be Eligible For SSI And Social Security Disability At The Same Time?

What makes a person eligible to receive disability benefits?

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?

For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.

The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.

To learn more about the author, please visit the SSDRC.com homepage and view the "about this site" link near the bottom of the page.