When you apply for disability benefits through Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI), your claim will be assessed by the Social Security Administration (SSA). Part of that application will include medical records. If those records are incomplete, outdated, or conflicting, you may be scheduled for a consultative exam.
If you are wondering how a Kansas City lawyer can help with consultative exams, this post will help explain the process. Our attorneys at BurnettDriskill have not only guided clients through these exams—we have also led litigation against CE providers and the SSA for fraudulent and harmful practices.
Not all applicants for Social Security Disability benefits in Kansas City will require a consultative exam. If you are required to attend a consultative examination, it will be paid for by the SSA, and you will see a medical professional of their choice. The visit itself will be at the provider’s office or clinic, not at an SSA location. If you need transportation help to attend the consultative exam, it may be available through the SSA.
You are more likely to need a consultative exam if you have not seen a doctor in an extended period of time or if you have medical records that are inconsistent. For example, someone who is seeking disability benefits for depression may need a consultative exam if they have notes from one provider calling their depressive symptoms “mild” while another calls them “severe.” This kind of inconsistency needs to be cleared up before the SSA can make a decision on whether or not to approve benefits.
Following the examination, the medical provider will send their findings to the SSA. These findings will include their written opinion and observations from the exam itself.
The SSA will include this updated report with the rest of your documentation, giving them one more piece of evidence to evaluate. It is important to note that the consultative examination itself is not the single determining factor for approval or denial. It is simply one component under consideration.
Along with your original medical records, function reports, and third-party statements, the consultative examination report will be used to make an assessment about your limitations. However, if the report includes false or misleading information—as we have seen in numerous cases we have litigated—it can unfairly jeopardize a valid claim.
Having a lawyer during the disability claim process can make things go much more smoothly with an emphasis on accurate, complete, and compliant materials. An attorney can help ensure that your documentation is as complete as possible and frames the documentation in a way that gives an accurate and clear picture of your condition. This documentation may include short-term and long-term disability files, vocational rehabilitation reports, and records about medical leave (like FMLA). A lawyer can also provide clarity on expectations and next steps.
If you face a denial or feel the consultative examination results are inaccurate, a Kansas City attorney can assist you in challenging the reported false findings. Our office has represented over 250 clients who have been victims of false reporting from providers completing their required exams. From claiming patients were able to button buttons or turn doorknobs that did not exist, many contractors who carry out these consultative examinations report false information that may affect your application to receive disability payments.
Our litigation against these providers—and the SSA itself—has helped expose patterns of fraud and negligence. These issues have also been covered in investigations by KSHB and the Kansas City Star.
Now that you know how a Kansas City lawyer can help with consultative exams, call our office to learn more and speak with a lawyer who can represent you. At BurnettDriskill, Attorneys, we offer free consultations so that you can get clarity about your claim and what legal representation you may need.
Whether you are facing your first consultative exam or have already been harmed by a false report, our team is ready to help—and fight back.
(816) 781-4836