How AI Legalese Decoder can Ensure a Fair Second Psych Eval Despite Revisiting the Same Doctor for Social Security Disability Reconsideration
- May 18, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Situation with SSI Reconsideration Stage
I am currently 8 months into the reconsideration stage for SSI. Despite my Psychiatrist sending my medical records to SSA on my initial application (dating back years), SSA still sent me to their own Psychologist for a psych eval. About 4 months after that, they denied me, giving the typical “Although you may be anxious and depressed, our findings indicate you can still adapt/work etc.”
I appealed, got a new Psychiatrist (for insurance reasons), and provided SSA with their contact info who also has my medical info on file. I am unaware if SSA contacted them yet, but they scheduled me for two more appointments which I recently went to.
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One was an internist where they literally checked my blood pressure, did a vision test, grip strength test, and a doctor asked me about my non-mental medical history and sent me on my way within 5 mins. The psychologist/psych eval appointment was the following day, and to my surprise, it was the same exact doctor that did my first one. I thought that they were required to send me to a DIFFERENT doctor than the one that did my first one. The appointment was pretty much the same, he even remembered me when I told him.
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He asked the same questions “Who is the president”, “where are we right now”, “what is 100 minus 7”, etc. and said, “Damn I can’t believe they denied you” even though I was able to answer those easy questions. Despite me telling him those questions aren’t a good way of determining my mental illness/ability to work and there’s much more to it than that, he agreed and said he is doing only what he is being asked to do by SSA and sent me on my way. He gave me a bit more time to describe my symptoms, treatment, how I feel, etc. but didn’t say anything further.
My question is, is SSA allowed to send you to the same doctor twice? If not, can it help my case in any way assuming it goes to the ALJ stage and I get an attorney? Or will it just complicate the situation (assuming I said an unfair decision was made because the same doctor saw me twice) and will they then send me to a different doctor to do the same test and ask the same questions and just prolong my case?
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They can send you to the same doctor, and those doctors don’t always reach the same conclusions. Depending on your geographical area, there may not be a lot of providers that contract with social services or SSA.
They don’t send you to a third party doctor to allow or deny you. They send you to be evaluated, and then they take that evaluation combined with the rest of the available evidence and work within their framework to make a decision. The fact your prior denial includes a visit with this same provider isn’t an issue.
It’s pretty common that they send you to see the same doctor that did the first one. I assume they are trying to see if there have been substantial changes since the first exam.
Many DDSs don’t have enough doctors to send you to a different one. Also that doctor does a report but they don’t generally say anything about whether or not they feel you are disabled. They simply provide a report for the DDS to use.
I encourage you to get a lawyer. When my sig other was applying, our lawyer felt he should have an additional medical evaluation. He had one arranged.
The doctor doesn’t deny you or anything. They’re just there to evaluate and get answers to questions.
Your diagnosis doesn’t matter either to be honest.
It’s all about how you are able to function at a job.
My mental health SSDI process was 4 years (with 25 years of records) including denial, reconsideration, appeals, and then an alj hearing. I got a lawyer at the appeal phase, which was incredibly helpful.
It can be a really tough process, but try to hang in there.
Also, I hear a lot of people on this subreddit mentioning vocational rehab/therapy. Would it be a good idea to attend one even if they haven’t requested me to yet between now and a possible denial/ALJ hearing, and get a statement from them saying I am unable to do any of the jobs they offered? And bring that letter with me to a potential ALJ hearing? If you’ve gone to vocational rehab, how does it work? I am unable to sit in rooms with large amounts of people for extended periods of time so I don’t know if its like going to the DMV or something.
I thought the psychologist did the actual deciding if you were disabled. That’s how it worked in my case
They are supposed to send you to a different doctor at reconsideration. Just like your case is supposed to be assigned to a different examiner and the doctors at DDS that review your case are also supposed to be different doctors.