Winning Isn't Easy: Social Security ®

The Doctor Will See You Now: Surviving Your Social Security Consultative Exam

Nancy Cavey Season 2 Episode 23

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Welcome to Season 2, Episode 23 of Winning Isn't Easy: Social Security ®. In this episode, we'll dive into The Doctor Will See You Now: Surviving Your Social Security Consultative Exam.

The Consultative Examination (CE) is often a misunderstood and anxiety-inducing stage of the Social Security Disability process. A single appointment with a physician selected by the Social Security Administration can play a significant role in the evaluation of a disability claim, leaving many applicants uncertain about why the examination is required and how it may affect their case. In this episode of Winning Isn't Easy, we explain the purpose of the Consultative Examination, when Social Security orders one, and how the findings are used during the disability determination process. We discuss why claimants are referred to doctors they have never met, what to expect before, during, and after the examination, and the common misconceptions surrounding these evaluations. We also explore practical strategies for preparing for the appointment, accurately communicating your limitations, and avoiding mistakes that could undermine your claim. Whether you have recently received notice of a Consultative Examination or simply want to better understand this step in the Social Security Disability process, this episode provides valuable insight into not only what the examination is and why it matters, but also how to approach it with confidence.

In this episode, we'll cover the following topics:

One - The Dreaded Letter - What Is a Consultative Exam?

Two - Before You Go - The Power of Preparation

Three - In the Exam Room - Honesty is Your Only Strategy

Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.


Listen to Our Sister Podcast:

We have a sister podcast - Winning Isn't Easy: Long-Term Disability ®. Give it a listen: https://wiedisabilitypodcast.buzzsprout.com


Resources Mentioned In This Episode:

LINK TO YOUR RIGHTS TO SOCIAL SECURITY DISABILITY: https://mailchi.mp/caveylaw/your-rights-to-social-security-disability-benefits

FREE CONSULT LINK: https://caveylaw.com/contact-us/


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Need help with your Social Security Disability claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.

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Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

Christy Monaco [00:00:15 - 00:01:12]

What if one short doctor's appointment, sometimes just 15 minutes long, could have a major impact in the outcome of your Social Security disability case? For many applicants, the Consultative examination, or the CE as we call it, is one of the most confusing and stressful parts of the entire process. You're sent to a doctor you've never met for an exam you didn't ask for, and it can feel like your case is suddenly being judged by a stranger. But what exactly is this exam? And how can you make sure it helps your case instead of hurting it? Welcome back to Winning Isn't Easy. Social Security Disability Benefits, the podcast where we break down everything you need to know about navigating the Social Security disability system. I'm your host, attorney Christy Monaco. Before we get started, I have to give you a legal disclaimer. This podcast is not legal advice. The Florida Bar association says I have to say this, so I've said it.

Christy Monaco [00:01:13 - 00:01:49]

But nothing prevents me from giving you an easy to understand overview of the Social Security disability claims process, the games that are played during it, and what you need to know to get the disability benefits that you deserve. So off we go. Well, you've been waiting for months. You've submitted stacks and stacks of medical records, filled out endless forms. And then one day, another official looking envelope arrives from the Social Security Administration. Your heart sinks a little, expecting another form, or worse, a denial. But this letter is different. It's an appointment notice.

Christy Monaco [00:01:50 - 00:02:44]

It says you're scheduled for a consultative examination with a doctor you've never heard of at a clinic you've never been to. And immediately your mind starts racing. Why are they sending me to another doctor? Do they not believe my own doctors? Is this a trick? Is this some kind of test designed to make me fail this experience? The consultative examination, or the CE is one of the most nerve wracking parts of the entire disability process. But I'm here to tell you it doesn't have to be. Today we're going to demystify the consultative examination. We'll talk about what it is, why it happens, and most importantly, how you can prepare to turn this mandatory appointment from a source of anxiety into a powerful opportunity to strengthen your claim. Today, I'm going to talk about three things. First, the dreaded letter, what exactly is a consultative exam? Two, before you go, the power of preparation.

Christy Monaco [00:02:45 - 00:02:55]

And three, in the exam room, where honesty is your only strategy. We'll take a quick break for a moment before we really dive into this episode.

Speaker B [00:02:57 - 00:03:18]

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Christy Monaco [00:03:36 - 00:04:09]

Welcome back to Winning Isn't Easy. Let's talk about this dreaded letter. What is a consultative exam? I'm going to start with the basics. What is this appointment? Well, a consultative examination is a physical or psychological exam that's paid for by the Social Security Administration. The doctor, the examiner, is an independent contractor. He is or she is not and Social Security employee. They're also not your personal physician. Their job is very specific.

Christy Monaco [00:04:09 - 00:04:40]

It's not to treat you. It's not to prescribe you medicine. It is to perform a one time evaluation and to write a report that answers specific questions that Social Security has about your condition. Now why would Social Security order a consultative examination? I get this question all the time. It's not always a bad sign. Oftentimes it's for a very particular reason. Could be that your records are old. Maybe you haven't been able to afford to see a specialist in the last six months.

Christy Monaco [00:04:40 - 00:05:29]

Social Security Administration needs current evidence so they send you to a consultative examination to get it. Could be that your records are incomplete. Maybe your primary doctor's notes say you have back pain, but they don't include specific measurements about your range of motion or your limitations. The Social Security will order a CE to get those exact details. Could be that there's conflicting evidence. One doctor says you can lift 20 pounds and another one says you can only lift five. So Social Security might send you to a CE to get a third tie breaking opinion or your condition is based on a specialty. If you're claiming a disability for a complex mental health condition but you're only being treated by your family doctor, they will most certainly always send you to a psychologist or a psychiatrist for a specialty exam.

Christy Monaco [00:05:31 - 00:06:14]

Now it's critical to manage your expectations. These exams are oftentimes incredibly brief. You may spend an hour in the waiting room for a 15 minute examination, but do not mistake this remedy for a sign that your claim isn't being taken seriously. The examiner has a very specific checklist of things they need to assess for their report. And their job is efficiency. So your job is to make those 15 minutes count. Let's take a quick break. Welcome back to Winning Isn't Easy.

Christy Monaco [00:06:15 - 00:06:44]

Before you go, the power of preparation. You would never walk into a final examination without studying and you should treat this appointment on the same level of preparation. You can't just show up and hope for the best. How you prepare can make all the difference. First, become a reporter for your own life. The examiner doesn't know you. You have to give them the facts in the week leading up to the exam. Create a simple cheat sheet for yourself.

Christy Monaco [00:06:45 - 00:07:16]

This isn't for the doctor, it's for you. On it, list your medications. Write down the name of every single medication you take, the dosage, who prescribed it, what it's for. Crucially, also list the side effects that you experience, whether it's dizziness, drowsiness, nausea. These side effects are also part of your disability claim. Second, your doctors and your treatment. List your key doctors, especially specialists, and a simple timeline of your treatments. Surgery in May of 2025 physical therapy for six months.

Christy Monaco [00:07:16 - 00:07:57]

Tried and failed three different antidepressants. These things are important, and you would think that for a consultative examination and the importance that Social Security puts on it that they would be sending this physician all of your medical records. But as your representative, I get access to see what Social Security sends, and oftentimes it's only one or half of an office visit. So being prepared is important. Second, you're going to want to keep a symptom log for three or four days before the exam. Get a small notebook and jot down notes about your daily reality. This is where you get specific don't just write I have pain. Write I had pain when I was doing the dishes.

Christy Monaco [00:07:58 - 00:08:31]

Woke up with severe stiffness, took 30 minutes to be able to get out of bed. Tried to do laundry, could only carry the small basket, had to sit down halfway through. My pain level was 7 out of 10. That log is going to be fresh in your mind and allow you to give the doctor concrete examples of vague complaints. Third, prepare for the question, what do you do all day? This is a classic question. The wrong answer is nothing. The right answer is a narrative of your own limitations. Well, I wake up around eight, but it takes me a while to get moving because of my back.

Christy Monaco [00:08:32 - 00:08:54]

I might try to make a simple breakfast, but I have to sit down while I do it. I watch some tv, but then I have to go lay down for about an hour because the pain gets worse. My friend might come over in the afternoon because I can no longer drive myself to the grocery store. And this all depends on whether or not I'm having a good day or a bad day. Remember, you're painting a picture of a day defined by your disability. Let's take a quick break.

Speaker B [00:08:56 - 00:09:23]

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Christy Monaco [00:09:34 - 00:10:12]

Foreign. Welcome back to Winning Isn't Easy. Let's talk about the exam room, what's happening in there, and how honesty is your only strategy. This is it, the day of the exam. The single most important rule is to be completely, brutally honest. Do not exaggerate and do not downplay your symptoms. Examiners are trained to spot inconsistencies. If you say your shoulder pain is a 10 out of 10, but then you casually take your jacket off using that arm without wincing, you just destroyed your credibility.

Christy Monaco [00:10:13 - 00:10:37]

At the same time, this is not the time to be a stoic hero. Many of us, out of pride, automatically say, I'm fine. How are you? Don't do that. When the doctor asks how you are, give an honest, brief answer. Well, I'm having a difficult day with my leg pain today. Or, to be honest, I'm exhausted. My fatigue has been overwhelming this week. Now let's talk about how to apply that honesty during exam first, you want to be specific and not vague.

Christy Monaco [00:10:38 - 00:11:19]

Don't just say I can't lift much. Say a gallon of milk is about the most I can lift before I get a sharp pain in my low back. Don't just say I have trouble concentrating. Say I can read a book or watch a TV show, but I oftentimes have to rewind or reread pages because my mind just drifts and I can't follow the plot. Second, you want to give genuine, full effort during the physical portion. If the doctor asks you to lift your leg and it hurts, stop when it hurts and tell them. Say that's as far as I can go before the pain becomes too sharp. If you can't get up on the exam table without using your hands to help lift your leg, let the doctor see you do that.

Christy Monaco [00:11:19 - 00:11:44]

Do not hide your struggles. 3. Bring your assistive devices. If you use a cane or a walker at home or some days, or on and off or when you're having bad days, bring it to the exam. If you need a special cushion to sit, bring it. Show the doctor actually how you have to live. Lastly, be respectful and don't be a pushover. This doctor is not your friend, but they're not your enemy either.

Christy Monaco [00:11:45 - 00:12:29]

They're a neutral party doing their job. Be polite, answer their questions. But if you feel like you haven't been able to explain something important, it's okay to say before we finish. Is it okay if I mention how my condition affects my ability to use my hands? The worst they can do is say no. After the exam, the doctor will write their report and send it to Social Security. You're not going to see it right away. And then an adjudicator with Social Security will review that report along with other evidence in your file to make a decision. Now, when our clients call us and they say I've been scheduled a consultative examination, I always advise them to take mental notes and to brief me on what happened after the consultative examination.

Christy Monaco [00:12:29 - 00:13:38]

I provide them with a consultative examination questionnaire that I've prepared and I ask them to write down everything that they experienced. This gives me an idea as to what happened during the examination so that when I read the report I can ensure it's accurate. You would be surprised when I read consultative examinations that say there was no physical examination done and our client is saying otherwise, or vice versa. Where the consultative examination is saying there was a physical examination done and our client is saying they were only in that room for three minutes, the doctor never showed up. It was only a nurse. So it's important to make sure that you're relaying what happened at this consultative examination to your representative so that they can determine whether or not the consultative report is accurate. It now the consultative exam is a source of immense stress, but it is also one of few opportunities that you have a face to face interaction during this long paper based process. By preparing thoroughly, giving honest and specific answers, and demonstrating your limitations in real time, you can ensure that the doctor's report is an accurate reflection of your disability.

Christy Monaco [00:13:38 - 00:14:06]

You can transform it from a hurdle to be feared into a piece of evidence that helps you win your case. And that's it. At its heart, that's what this podcast is all about. Because as we always say, winning isn't easy. That's our time for today. Thank you so much for joining me. If you found this episode helpful, please take a moment to like our page, leave a review and share it with your friends and family. Don't forget to subscribe to this podcast so you'll be notified whenever a new episode drops.

Christy Monaco [00:14:07 - 00:14:21]

We'd also love to hear from you. At the beginning of each episode description you'll find a link where you can send us your questions or comments and and we may even feature them in a future episode. So join us next week for another insightful discussion. Thank you so much for listening.