Frequently Asked Questions

 

59.       I have applied for Social Security Disability.  I am treating with my own doctors.  I just received a notice from Social Security to appear for a medical examination with a doctor that I have never even heard of.  The notice says if I fail to attend, my Social Security Disability Claim may be denied. 

This is one perfect example as to why you should have an Attorney.  Under the Social Security Rules, if Social Security wants to send you off for a Consultive Evaluation with a doctor, the rules say that your own doctor is the preferred choice.  Social Security must  contact your doctors to seek medical information.  If SSA does not receive the requested information from your doctors, the rules require SSA to re-contact your doctor and ask for the information unless to do so would be futile.  After SSA has exhausted the above efforts, only then may SSA send you to a Social Security doctor.  If SSA fails to comply with the above requirements, SSA is not allowed to ask you to visit an SSA doctor.   SSA regularly violates these rules.  However, if you fail to attend, you run the risk that SSA will claim you failed to cooperate in the development of your claim and may deny benefits on that basis.  As to whether you attend or not is a strategic decision that you, as a Claimant,  do not want to make.  It is a decision that should be made only by a qualified Attorney.  If you don’t have an Attorney and you receive such a notice of a medical exam, you should contact an attorney immediately to decide whether it would be strategically advantageous to not attend.

 

To reiterate, the questions and answers above are for general informative purposes only.  They are not intended to be legal advice and should not be construed as such.  Even though the above list may appear to answer questions you may have, each case is unique and you should discuss your concerns with an Attorney. 

    

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Call Social Security Professionals now to discuss your claim for free
You need no money to hire Attorney Donald H. Peters
(248) 549-3485
FREE CONSULTATION