Most Social Security disability claimants will end up waiting well over a year from the date they first apply before they can have a hearing before an Administrative Law Judge (ALJ). Social Security requires claimants to have their claims reviewed by a state agency during when the initial application is filed and on a claimant’s first appeal, which can take up to a year alone. If a claimant is denied at the initial application and first appeal phase the option is to have a hearing before an ALJ who will decide whether the claimant is entitled to benefits.
For many claimants who are successful in obtaining benefits, the hearing before an ALJ is typically the final stage of the process, but what if it isn’t?
Social Security routinely sends claimant out for Consultative Exams (CEs) with an independent doctor during the early stages of the process, but sometimes a claimant will be requested to attend one of these exams after their hearing with the ALJ. Although not the standard, it is also not uncommon for judges to send claimants out for an exam if the ALJ is unable to decide on disability because of a lack of medical evidence.
If a claimant is asked to attend a CE it is crucial, they attend. Failure to attend can request is a dismissal of a case. After the exam the medical professional conducting the exam will issue a report to the judge on the findings. At this point the ALJ can issue a decision or the ALJ could schedule a supplemental hearing to discuss the new evidence with the claimant and their representative.
It can be frustrating to have to go to another exam after a hearing where a claimant expected a decision to be made, but claimants must follow Social Security’s rules in obtaining disability benefits.
Below is information on Social Security’s protocols related to CE exams.
If the evidence provided by the claimant’s own medical sources is inadequate to determine if he or she is disabled, additional medical information may be sought by recontacting the treating source for additional information or clarification, or by arranging for a CE.
