A new client of mine just had his Social Security Disability claim denied...I believe the reason is that he refused to attend the medical examination that the Social Security Administration scheduled for him. In my experience, when a claimant does not attend a medical examination that the government schedules, the denial is basically automatic.
The reason why the government case worker schedules these Consultative Examinations (called a "CE") is because they were not able to get enough medical evidence to decide your case. It could be that they did not get all of your medical records. It could also be that you are not seeing a doctor in the specialty that best evaluates your medical condition. By not going to the CE, you are keeping the case worker from getting the information they feel they need to decide your claim completely. Of course, the government does not always use doctors that are fair or objective. That is a fact of life. However, as a general rule, not going to a CE will almost always get your claim denied for lack of evidence.
Are there legal reasons that you might want to skip the CE appointment. Yes, but from a practical standpoint, there is no reason to skip the CE in most cases. Why risk having the case denied just because you fail to attend an examination that Social Security schedules for you?
Copyright (c) 2010 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Benefits Lawyer John Tucker at (866) 282-5260.
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