What Not to Tell a Disability Doctor?

The report from a consultative examination, or CE, is often one of the most pivotal pieces of evidence in a Social Security disability claim. In addition to medical findings and test results, how you interact with the disability doctor will heavily influence your case’s outcome. You should be prepared and keep your claim strong by knowing what to say and what not to say to the examiner.

The Doctor’s Role in the Disability Determination Process

It’s common for Social Security disability claimants to need a CE. Sometimes, they serve to gather more evidence. Other times, they resolve contradictions, ambiguities, clerical errors, or out-of-date information in your medical records.

Supposedly, the Social Security office will prefer to have your treating doctor do the CE. However, don’t count on this automatically being the case for your application. Many providers decline the job, and sometimes confounding factors demand that someone else be the examiner. You may also choose to see a different provider for the CE.

Oklahoma’s Disability Determination Services (DDS) department will schedule and pay for the CE. But what does a disability doctor look for? During the appointment, the examiner will take your medical history, ask about your symptoms, and perform only the exams and tests necessary to process the claim. They can’t give you advice or an opinion about your eligibility for benefits.

Examples of What You Shouldn’t Tell a Disability Doctor

CEs are an ordinary part of the disability claims process. However, you should be prepared and take the process seriously, as CEs can significantly impact your disability case. You may inadvertently harm your claim by saying things like:

• “I’m okay/I’m fine.” – Even if you say you’re fine out of habit or politeness, a CE doctor could still interpret it literally in your medical report and contradict your disability claim.
• “It’s getting better.” – While you might have good days, the doctor could interpret this statement literally and report that you are recovering. Be honest about improvements, but also explain your ongoing symptoms and limitations.
• “I’m not in pain.” – Don’t minimize your average pain level, even if you’re having a good day during the exam.
• Anything contradicting an earlier statement – Consistency is crucial for a strong claim. Don’t accidentally damage your credibility by contradicting something you’ve previously said.
• Downplaying your condition – You might feel uncomfortable discussing your limitations, but your claim will be stronger if you’re honest about how your disability affects your daily life.
• Exaggerating your symptoms – Overstating your symptoms and limitations is just as damaging to your claim as understating them. CE doctors have the training to spot malingering, and if they suspect it, it could lead to a denial.
• Refusing to follow your doctor’s advice – If you’re not following your prescribed treatments or not keeping appointments, a CE doctor may perceive that you’re not taking your condition seriously.

How Can Ryan Bisher Ryan & Simons Help in Your Social Security Disability Case?

If you’re in Oklahoma City and have been asked to attend a CE for your disability claim, the Ryan Bisher Ryan & Simons team can help you prepare and protect your rights during the process. We believe you should focus on healing and adapting after a disability changes your life. We take pride in handling SSDI and SSI claims on our clients’ behalf. Some of the ways we can help you include:

• Answering questions about the claims process and your potential eligibility
• Filing the initial application accurately
• Gathering all required documentation from your medical providers, employer, and other relevant parties
• Appealing denied claims through the appropriate channels

Contact Ryan Bisher Ryan & Simons to have a skilled legal team on your side. Our initial consultations are free, and you won’t pay us anything unless your claim is approved. Contact us today to speak with one of our attorneys.