Social Security has a variety of consultants, both medical and vocational, who are routinely called upon as experts in Social Security disability cases. It would seem to follow that since these individuals are seen as experts by Social Security, they would prove valuable informational sources for claimants as well. Right?
Wrong.
On July 9, 2010 the Social Security Region VII Office of General Counsel issued an opinion on this issue and determined that if a medical or vocational expert is utilized by Social Security, or by the State at the initial and reconsideration level, it would be a conflict of interest for them to consult with attorneys or claimants regarding a disability claim — even if the expert has no contact or personal involvement in an individual’s claim. In other works, even if an expert has nothing to do with your claim, they are estopped from giving information to you or your attorney. This is true even if the expert does not work on claims in your area, or even your state.
It seems counterintuitive that, in a process which is supposed to be fact finding in nature, Social Security would ban one of the people they have deemed to be an expert from providing information which would lead to the most just decision.
This opinion is clearly at odds with Social Security stated opinion that the administrative process is intended to be non-adversarial in nature.
