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Can I object to the source for my SSD benefits consultative exam?

A New Jersey claim for Social Security disability benefits might not be approved immediately with the information the claimant provides. This is not uncommon. For those who are unaware of how the SSD benefits application process works, many people are denied in their initial application or there are sticking points that must be addressed before the Social Security Administration can make an informed and what it deems a fair determination. One concern for many applicants is if they are asked to have a consultative examination.

In general, this is not something to overtly worry about. It simply means that the SSA cannot make its decision based on the information it currently has and needs a consultative physician to assess the claimant and provide more. In some cases, however, the applicant could have an objection to the medical source that is asked to perform the consultative examination. Understanding the rules for this circumstance is important.

The SSA will be agreeable to making a change if there is a viable reason to object to the medical source it has selected. Then there will be another medical source to perform the exam. An example of a good reason is if the medical source had represented an entity adverse to the claimant in the past. It could have been someone who examined the claimant in a separate case and the results were not positive. In some cases, the allegations could be due to a lack of objectivity. It does not necessarily need to be personal, but there could be a belief system the claimant thinks could negatively impact the assessment. If the SSA thinks the examiner will be fair, it is not required to make a change.

Nothing should be left to chance when seeking Social Security disability benefits. If there is the possibility that the consultative examination will not be fair to the application, it is essential to speak up and request a change. Being represented by an attorney who understands all the potential problems in a Social Security disability claim can help avoid them. When starting out with a claim, having legal representation is a fundamental requirement.

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  • New York City Bar
  • Bergen County Bar Association
  • New Jersy State Bar Association
  • Nosscr
  • NYSBA
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