Since Social Security closed its doors due to the Coronavirus pandemic the agency has cancelled Consultative Exams (CEs) for Social Security disability applicants, but they now might resume through the use of video technology.
Social Security issued new instructions to allow for video CEs to consider mental health disabilities. This allows for CEs to be conducted by psychiatrists and psychologists, but there has not been any announcement regarding CEs for physical disabilities. Below is the issued changes to Social Security’s rules.
Background
We clarified the instructions in this section and revised the video consultative examination (VCE) policy to permit scheduling VCEs in areas with a shortage of qualified psychiatric and psychological CE sources and in situations where claimants cannot access an in-person CE due to incarceration or medical concerns. We also revised instructions about performing VCEs across State borders if the relevant State authorities permit such medical practice during exigent situations.
Summary of Changes
We clarified the instructions and revised the VCE policy to include claimants in areas with shortages of CE sources and those who cannot access in-person CEs due to incarceration or medical concerns. We added flexibility to use qualified CE sources across State lines consistent with state-permitted licensure leniencies provided during exigent circumstances.
Policy Overview
If we cannot get the evidence we need to evaluate a claimant’s medical impairment(s) from the claimant’s own medical sources, we may purchase a psychiatric or psychological consultative examination (CE). We may schedule a psychiatric or psychological CE using video technology if the claimant has limited ability to access an in-person CE because:
- The claimant resides in a rural area,
- The claimant resides in an area with a shortage of qualified medical sources (see DI 22510.010) to perform the CE, or
- One of the situations described in DI 22510.016E limits the claimant’s ability to access an in-person CE.
If we schedule a video CE (VCE), the claimant has the right to request an in-person CE without penalty. Therefore, we must ensure the claimant is aware that we have scheduled him or her to attend a CE by video prior to the appointment.
What Types Of VCEs Can The Disability Determination Services (DDS) Schedule?
DDS may only use VCE to conduct:
- Psychiatric examinations, or
- Psychological examinations without testing.
VCE Scheduling Criteria
You may schedule a psychiatric or psychological VCE as long as doing so meets all five of the following conditions:
- The claimant agrees to attend a VCE as explained in DI 22510.012A,
- The type of VCE is consistent with policy in DI 22510.012B,
- The available video conferencing technology permits the claimant to adequately see, hear, and understand the CE source throughout the VCE,
- The CE source confirms the technology permits proper evaluation of claimants, and
- The DDS uses secure broadband connections to maintain the claimant’s privacy.
Licensure – Can DDSs Schedule VCEs Across State Borders?
In general, a provider may only conduct CEs across State borders if he or she is licensed in multiple states or holds a license that permits him or her to do so. Many State licensing laws and regulations disallow healthcare providers to practice across state borders without appropriate licensing in other state(s). However, some States permit healthcare providers to practice across State borders during exigent circumstances, such as National or State emergencies, to meet healthcare needs. Confirm state licensing requirements prior to scheduling a VCE across state borders (.i.e., before scheduling a VCE with a CE source who is located in a different State than the claimant).
