Despite their claims to the contrary, disability doctors are not your friends. They are not there to help you with your disability claim. Instead, most are keen on proving you are not disabled.
Remember, the SSA is paying them, which should tell you where their loyalties lie. Besides, you won’t probably see them after the consultative examination (CE). So, you can’t expect them to care about you or the outcome of your claim.
As such, it’s highly recommended that you attend your disability exam prepared. Come early, dress appropriately, and bring your medical records. The findings and notes from your treating physician may also help the examiner determine your exact medical condition.
Most importantly, keep your calm and choose your words. You can’t just tell them whatever you want. There are things you should never tell your disability doctor if you want to get a favorable disability decision.
WHAT NOT TO TELL DISABILITY DOCTORS
Disability doctors will note what you say and do during the exam. These notes will be passed on to your disability examiner and may affect your disability determination. So it pays to be extra careful about what you tell them.
Here’s what not to tell a disability doctor:
1. I’M FINE
When someone asks us how we’re doing, our automatic response is usually, “I’m fine,” even if we’re not. Many disability claimants make that mistake with their CE doctors, too.
It’s alright to say you’re not okay because it’s true. You have a disability, and you cannot work. If you tell the doctor you’re okay, they might think that your disability is not that serious.
If you’re in pain or are having a hard time walking, tell them that. Wanting to appear tough is okay, but not when you’re talking to a disability doctor. Just be honest about what you are going through, but don’t tell them your entire life story. They are not your therapist.
2. IT DOESN’T HURT.
As part of your disability exam, the examining physician may poke some parts of your body to see your reaction. Like if you are claiming that a leg injury is giving you so much pain that it prevents you from working. The doctor may prod that injured leg to assess how much pain you’re feeling. They may then ask you if it hurts.
Again, as humans, we have that urge to appear tough. Thus, some claimants would reply with “it doesn’t hurt” or “not really.” This is a huge mistake. If you make them believe that it’s not that painful, then it will look like you’re lying on your disability claim.
3. I’M DYING.
Yes, you should be honest about your medical condition, but never exaggerate it. Telling the doctor you’re dying when you are not will affect your credibility. Remember that the consultative exam will only last 15 to 30 minutes. So, you only have a limited time to convince the doctor that you are disabled. If you appear untrustworthy, the doctor may doubt everything you claim. And that might make it harder to persuade them otherwise.
4. I CAN’T DO IT.
When the disability doctor asks you to do something, the worst thing you can do is flat-out refuse. Not only will you come off as uncooperative and arrogant, but it’s also downright rude. Tell them you’ll try to do it, but make sure you don’t compromise your health. If you can’t do what they ask, at least you tried. And it will also give them a good idea of the extent of your disability.
5. I DON’T TRUST DOCTORS.
This is the last thing any doctor would want to hear, not just disability doctors. Unfortunately, many disability claimants panic during the examination and become a little too vocal with their opinions. It may be true, but telling it to your disability doctor’s face will not help your case. Remember, you’re trying to gain their trust. But how can they trust you when they know you don’t trust them?
6. IT ONLY HAPPENS SOMETIMES
If you have a condition that causes intermittent symptoms or flare-ups, it’s important not to downplay their impact during the disability exam. Even if your symptoms are absent, it’s essential to describe the severity and frequency of these episodes accurately. Providing a comprehensive picture of your condition will help the disability doctor understand the limitations you face.
7. I’M JUST SEEKING DISABILITY BENEFITS
While it’s true that you are seeking disability benefits, it’s not advisable to explicitly mention this to the disability doctor. Making it seem like you are solely focused on receiving financial assistance may give the impression that you are exaggerating your symptoms or not genuinely disabled. Instead, describe your impairments and how they affect your daily life.
8. I’M NOT TAKING MY MEDICATION
If you are prescribed medication for your condition but choose not to take it regularly, it’s essential not to admit this to the disability doctor. While it’s crucial to be honest about the effectiveness of your treatment, outright stating that you disregard medical advice may undermine your credibility. Discuss any concerns or side effects you may be experiencing instead of mentioning non-compliance.
9. I CAN STILL WORK A LITTLE BIT
If you mention that you can still perform some work-related tasks or activities, it may weaken your case for disability benefits. The purpose of the disability exam is to assess your ability to engage in substantial gainful activity (SGA). If you indicate that you can still work to some extent, the doctor may believe you can perform a job and deny your claim.
10. I DON’T REMEMBER
While it’s understandable to have difficulty recalling specific details about your condition, it’s essential not to use “I don’t remember” as a default response. The disability doctor relies on accurate information to evaluate your disability claim. Instead, try to provide as much relevant information as possible, even if some details are hazy. If necessary, you can mention that you experience memory issues related to your condition.
IS IT A GOOD SIGN WHEN THE SSA SENDS YOU TO A DOCTOR?
Not everyone with a Social Security disability claim must undergo a consultative exam. Most of the time, the SSA will send you to a disability doctor if:
- your medical evidence isn’t enough to prove your disability
- you have not seen your treating doctor for a long time
- there’s doubt that your condition is disabling enough to warrant a disability benefit
- your residual functional capacity needs to be assessed
Being required to do a CE exam isn’t necessarily a good or bad sign. As mentioned above, there are many different reasons why you’d be required to. It can be because the SSA doubts your claim. It can also be because they’re planning to release your SSDI benefits. Or maybe they just want to assess your condition.
Whatever the case, convincing the disability doctor will take you a step closer to your SSI or SSDI benefits. And that’s a good sign.
DO CE EXAMS USUALLY RESULT IN A DENIAL?
No statistics show how many claims get approved or denied following a CE exam. But it’s well-known that more than half of all initial disability applications get rejected. So, if you get scheduled for a consultative examination, the SSA is still working on your claim, and it’s not yet denied.
Contrary to popular belief, a CE exam is not necessarily bad for your disability case. On the contrary, it might even help speed up your claim.
For one, it’s a good source of medical proof. As you know, getting medical treatment is expensive, especially if you can’t work because of your disability. Without it, it’s challenging to acquire proof of your medical condition or even a record of your medical history. You can get that medical evidence for free if you attend a CE exam. Plus, the SSA accredits the doctor, so their opinion most likely has greater weight than that of other doctors.
SHOULD YOU HIRE A DISABILITY ATTORNEY?
Getting approved for a Social Security disability benefit is not a walk in the park. Having scant medical evidence will only make it a lot more complicated. But with an experienced disability attorney like Victor Malca, you’ll have a higher chance of getting your claim approved. Attorney Malca has already helped thousands of injured workers in Florida get the benefits they deserve. He can help you get yours, too. Call us now for a free consultation.
VICTOR MALCA – Florida Workers Compensation & Social Security Disability Attorney
Victor Malca P.A. has over 27 years of litigation experience in Workers Compensation and Social Security Disability lawsuits. His experience and continued success when fighting for his clients puts him among the most trusted workers’ compensation attorney’s in Florida. He specializes in representing injured workers on compensation benefit cases and disabled individuals claiming lost social security disability benefits.
Book a free consultation today. Our unwavering advocacy for employee rights and privileges are recognized by our past clients across South Florida.
About The Author
Judy Ponio is a writer and editor for the Victor Malca Law P.A. website and blog. She enjoys helping people in need with questions about social security disability and workers compensation law. She has a passion for helping those in need and the elderly with accurate legal information that can make a positive difference in their lives.