Objecting to a consultative source for Social Security disability

In some Missouri cases in which a person is seeking Social Security disability benefits for injury, the decision cannot be made based on the evidence the Disability Determination Services and the Social Security Administration has. To come to an informed conclusion and ensure that everyone whose issues are of sufficient severity to be approved, the applicant will be asked to take part in a consultative examination.

The applicant will generally be obligated to take part in the examination. If he or she refuses, then the decision will be made based on the available evidence and since the request was made to have a consultative exam to decide, it is likely that the available evidence will result in a denied claim. However, there are circumstances in which the applicant will object to the medical source that was selected to perform the exam. While this will not eliminate the need to have the exam, it can assuage concerns about the medical professional who is conducting it with a change.

The objection can be lodged and if there is a good reason for it, the SSA will then schedule the examination with a different source. An example of a good reason is if the source had a previous relationship with the applicant and it was a negative one. Other factors that could warrant a change include a language barrier, the location of the source’s office being difficult for the applicant to get to or problems with travel. If the applicant states the medical professional is not objective but there was no prior relationship between the parties, it will still be reviewed by the SSA to decide if there should be a change. The substitute consulting medical professional can also warrant an objection and this too will be reviewed in a similar fashion.

While the consultative examination cannot be avoided, an applicant who has any type of issue with the medical professional who the SSA tabbed to conduct it can object and possibly receive a different person to conduct the exam. Since a Social Security disability case often hinges on small factors, this can be the difference between an approval and a denial. Representation from an attorney experienced in all areas of Social Security disability cases is also critical and is the first call that a person applying for benefits should make.

Practice Areas

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