Social Security recently settled a class action lawsuit over the use of a consultative physician, which is routinely used by Social Security to help determine the severity of alleged impairments of disability applicants. The lawsuit claimed that Dr. Frank Chen issued “grossly deficient reports [that] were based on cursory examinations (often lasting 10 minutes or less), referenced tests that were never performed, and were inconsistent with plaintiffs’ medical records.” Chen was allegedly warned by Social Security about his conduct, but the agency continued to us Chen for Consultative Exams (CEs) in making disability determinations. Many claimants who were denied disability benefits after seeing Chen will get re-determinations on their claims.
Disability applicants are not always required to attend a CE, but the determination bureau does enlist the services of doctors to evaluate claimants when the bureau determines that there is not enough medical evidence to properly make disability determinations. Claimants should be treating with their own medical providers for all the impairments they allege to have a thorough picture of what their limitations are.
