Gardberg & Kemmerly, P.C. Attorneys at Law

"Bad" Doctors

"Bad" Doctors

Depending on the sufficiency of the evidence available, Social Security may order a medical examination by a doctor of their choosing in what is called a consultative examination (CE). An Administrative Law Judge may also request that a medical expert review the evidence and/or listen to testimony so as to gain further knowledge of a Claimant's condition before issuing a decision. However, the quality of consultative examiners and medical experts varies.

If a consultative examination is ordered by Social Security, a Claimant may bring medical records, a list of prescribed medications, symptom diaries, or any other important medical documents with them to the consultative examination. In doing so, the consulting physician will have a person's complete medical history available to them before making any determinations regarding the Claimant's ability to perform work activities. After the examination, Claimants should write down what took place at the examination including any tests that were done and how long the doctor actually examined the Claimant.

A negative report from a consultative examination may be combatted with a response from the Claimant's treating physician. A Claimant can present the examination report of a consultative examiner to his or her treating physician and ask the physician to comment on the findings. Claimants and their representatives should also look at the specialty of the consultative examiner or medical expert. All too often, an orthopedic examination will be completed by an internal medicine physician or vice versa. A Claimant or his representative may object to examinations completed by doctors outside of their specialty.

For more information on consultative examinations and how to combat the opinion of a "bad" doctor, contact an experienced Social Security disability attorney at Gardberg & Kemmerly, P.C. today at 251-343-1111 for a free case evaluation. Gardberg & Kemmerly, P.C. represents Social Security disability claimants in Alabama, Mississippi, Florida, and Louisiana at all levels of the disability process from initial application to appeals to Federal Court.

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