Consultative examinations for SSD benefits and failing to appear

While the best-case scenario for Missourians who are suffering from an illness, injury or condition that they believe warrant an approval for Social Security Disability (SSD) benefits is that they will get the benefits and the process will go smoothly, that is not always the case. For many, it is necessary that they have a consultative examination to provide the Social Security Administration (SSA) with sufficient evidence to decide on the case. Failing to appear can be problematic. Understanding the rules for failure to appear at a consultative examination is important to a case.

When an applicant is asked to take a consultative examination and does not without good reason or through a simple act of refusal, the SSA can decide that the person is not disabled. For those who are already getting benefits and are asked to take a consultative examination to decide if their issues are still of sufficient severity to continue receiving them and they do not do so, the benefits might stop. When a person is unable to attend a scheduled appointment for a consultative examination, it is important to tell the SSA so another examination can be scheduled. There are many factors that meet the criteria of “good reason.”

If the person is ill on the date of the examination, this can be a justifiable reason for missing it. In some cases, the person might not have gotten notice of the examination or did not receive it in a timely fashion. This can avoid the penalties for missing it and it can be rescheduled. A person could fail to get the correct information or the information they receive might be incomplete. This can be used to schedule another consultative examination. If the person had an immediate family member die or suffer a serious illness, this can be a sufficient excuse for missing the consultative examination.

If a medical source used by the applicant objects to the consultative examination and advises the person not to take it, the SSA should be informed immediately. Gathering the necessary information can be done in a different manner. The source could agree to a different kind of examination so the SSA can make its determination. In general, the applicant must adhere to the requirements set out by the SSA and that includes a consultative examination. However, there are times when there is a justifiable excuse for missing the consultative examination.

Practice Areas

Military Law
Family Law
Social Security Disability
Worker’s Compensation
Personal Injury