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Consultative examiner lied on the CE report to the SSA

Recently on our legal forum a user asked, “I went to a consultative examiner last month. I received a copy of his report that he filed for my Social Security Disability Insurance Case and his report was full of lies and did not adequately represent my health limitations. What will happen to my claim and is there anything I can do to counter his report?”


Why would the SSA send me to a consultative examiner?

If the Social Security Administration (SSA) requested that you visit a consultative examiner this can mean a number of things. First, it could mean that they did not have enough medical information to conclusively decide whether or not you were disabled. It could also mean that your doctor did not send your medical information to the SSA, or it could mean that you did not have recent enough medical evidence to support your disability claim.

Regardless of the reason you were sent to the CE, you have an underlying issue: the SSA, who relies primarily on medical evidence to make a disability decision did not have enough information about your case to approve your claim.

Now, you have two problems. You lack sufficient evidence to prove you are disabled, and you have contradicting information from the CE that your condition may not be disabling.

What happens after the consultative examination?

After the consultative examination is complete the consultative examiner will complete their report and send it to the SSA for review. The consultative examiner will not make a disability determination, but they will include a diagnosis as well as a prognosis of your condition. They will also provide information about your residual capacity to work. For example, the CE might state that you can walk for one hour, stand for two hours, lift more than 10 pounds, or sit for eight hours.

The CE will also provide opinions and observations. For example, if you jogged into the office but get into the examination room and you can barely walk, this could be noted by the CE.

The information provided by the CE will be reviewed and analyzed by the SSA when they are making their final disability decision.

What do you do about a bad CE report?

So what do you do to counter a bad CE report? What you should have done before going to see a CE. Get medical evidence from a doctor who is more familiar with your medical condition. This will require you to develop an ongoing doctor/patient relationship and get medical care over several weeks or months, rather than depending on a 10 minute cursory meeting with a doctor hired by the SSA.

Bottom Line:

If you are able to consistently see a doctor and they can document your day to day struggles to complete activities of daily living and they understand how your medical condition limits your ability to work, you are much more likely to be approved for SSDI benefits.

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