When you apply for Social Security disability benefits, you’ll find that your claim is examined by a medical examiner who is appointed by the Social Security Administration. Sometimes, the opinions provided by these experts support the position of the claimant. Other times, not such much, and this could wind up hurting the claimant’s chances of being approved for benefits. This is why many times, a judge appoints someone to offer his opinion based solely on the claimant’s medical records and to make certain the expert is qualified to do his job.
Many times, judges reviewing Social Security claims will appoint a Consultative Examiner. This is a professional who reviews the medical records themselves, followed by an opinion presented to the judge that explains whether or not the records support the claim. When a judge is considering the information presented by this expert examiner, he must consider the following:
- Make sure the medical expert did examine the claimant’s entire medical file and other records that present certain evidence.
- Ensure that the medical records contain an accurate report of the medical expert’s qualifications.
- Allow the claimant and his attorney an opportunity to question the expert about his qualifications.
- Provide a summary of the opening statement and all issues and testimony for the expert.
While most judges follow the rules established regarding medical experts, some are still without a proper foundation. This could hurt the claimant’s case. In order to be represented fairly throughout your disability claim, contact us. We will work with you and fight to secure a successful claim.Disclaimer: The information presented in this blog article is for informational use only. The information presented in this blog does not constitute an attorney-client relationship.
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Over 25 years Richard D. O’Dea of O’Dea Law Firm, LLC. has handled hundreds of personal injury cases in the Twin Cities, and throughout greater Minnesota and Wisconsin. Contact Rich O’Dea today to discuss your Minnesota or Wisconsin Personal Injury case at (651) 407-5155.