WHY SOCIAL SECURITY'S DOCTORS GET OVERRULED IN COURT

When an individuals file for disability, Social Security will often send them to be examined by one of their own doctors who work under contract.  In most instances, the Social Security doctor will not find any disabling impairment and the benefit will be denied.  This happens more often than not.  But are these "consultative examinations" fair, thorough and adequate?  Chances are, the answer is No to each of these questions.  

Here's what you should know about consultative visits to Social Security doctors:

1)  The visits are brief, superficial and often inadequate to find any serious disease or disabling impairment, even if one is present.

2)  Social Security is usually required by law to give more weight to the opinion of your own doctor than to the consulting doctor they send you to.  In failing to do this, Social Security may have set themselves up to lose an appeal if you push the denial to the appeal level (which you certainly should).

3)  The Social Security doctor who examined you is probably not a specialist.  Even if he or she is a specialist, probably not a specialist in your disabling condition.  For example, if you are disabled by arthritis and the doctor who examines you is a dermatologist, he is certainly not a specialist in your disease.  Therefore, his or her opinion may not be worth very much in court.  If you have been examined and treated by a rheumatologist (who is a specialist in Fibromyalgia), that doctor's opinion may overrule the opinion of the dermatologist from Social Security.

These factors will never come out except at the appeal.  If you don't appeal, you may be stuck with an unfair denial that could easily have been overturned in court (at a hearing).  This happens more often than not.  Cases that could easily have been won at appeal are allowed to be denied simply because the claimant did not appeal, or did not appeal within the 60 day deadline allowed.

If you have recently been denied Social Security disability benefits (with or without a doctor's examination), we urge you to appeal now.  You do not need to understand the system or the law.  Simply appoint a representative who does.  You will not pay any fees or costs unless you win your case and receive the back pay that was wrongly denied.  There is no risk.  

For help making sure Social Security has treated you fairly and given you every benefit you are entitled to, contact the Forsythe Firm in Huntsville.  Phone (256) 799-0297.

PHONE (256) 799-0297     WEBSITE:    www.ForsytheFirm.com

7027 Old Madison Pike NW, Suite 108
Huntsville, AL 35806
(256) 799-0297

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