How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Stephanie O Joy, Esq Your Own Question

Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 11709
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
10805288
Type Your Social Security Question Here...
Stephanie O Joy, Esq is online now
A new question is answered every 9 seconds

Fro Alexia or Stephanie. SSA asked me to see thier doctors

Resolved Question:

Fro Alexia or Stephanie. SSA asked me to see thier doctors as a part of their evaluation for my CDR. I did this. Can I request the doctors notes and conclusions from those visits. If yes, is there a form I need to fill out? If the SSA decsion is negative - can I ask for reconsideration (asking another senior analyst at SSA to look at my records) before filing a formal appeal?
Submitted: 9 months ago.
Category: Social Security
Expert:  Lindie-Moderator replied 9 months ago.

Hello,

I'm Lindie, and I’m a moderator for this topic. I sent your requested professional a message to follow up with you here, when they are back online.

If I can help further, please let me know. Thank you for your continued patience.

Best,

Lindie

Expert:  Stephanie O Joy, Esq replied 9 months ago.
HI again, I hope you are well!

Fro Alexia or Stephanie. SSA asked me to see thier doctors as a part of their evaluation for my CDR. OK.

 

I did this. Can I request the doctors notes and conclusions from those visits. All he provides is a report, so yes, you can usually get that, although it often takes a few months for SSA to get on it and comply. The doctor will not send it to you, since he is under the rule of the SSA. However, usually, when you are directed to go to a CE exam, they ask you if you want the report to be sent to your OWN doctor, and if so, give his contact info. I'd put the request in writing to the SSA. INnidentally, if you lose this CDR, you can APPEAL and when you appeal, and you write in a request to your local FO for a CD copy of your file - they you will see the report as well.


If yes, is there a form I need to fill out? No.

 

If the SSA decsion is negative - can I ask for reconsideration (asking another senior analyst at SSA to look at my records) before filing a formal appeal? the "Reconsideration", if your state has it, IS the official avenue of appeal. Some consider it a rubber stamp of the prior decision, and after that, you appeal for a Hearing before an ALJ.

 


I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To Stephanie O. Joy, Esq., ONLY" if you want me to specifically answer it.

Sincerely, XXXXX XXXXX Esq.

Your online legal resource!

Customer: replied 9 months ago.


so even I win on CDR -- I can ask for the copy (I would like ot have it for my records) -- it would just take several months -- right?


If I lose the CDR -- It is a normal operating procedure to get a copy of their doctor's evaluation (however would I have enough time to do it for reconsideration?) -- but I still need to ask for it -- right? and it may also take several months to get it -- right? The request for copies need to be made to your analyst -- right? I just called SSA -- and they ssaid that they got all the necessary medical info (including their doctor evaluation) -- they said that it with THEIR own doctors now -- meaning I presume that SSA doctors are now providing recommendations on disability - is it tyoical? or normaly such a decsion is soleley with the SSA analyst and not internal SSA doctors? If I lose this CDR - can I also get copies of what thier own SSA doctors submitted to SSA analyst?


 


You mentioned that it depends on state regarding reconsideration procedure -- what is the situation in New York state? You mentioned it is rubber stamp; in your experience - how often has it been reversed on reconsideration?

Expert:  Stephanie O Joy, Esq replied 9 months ago.
Hi again,

so even I win on CDR -- I can ask for the copy (I would like ot have it for my records) -- it would just take several months -- right? I do believe you have a right to it, although I have never personally made the request post-win - but yes, I believe you can still request your whole file, and then read the part you want. I have seen exceptions where the report concerns serious mental illness, where revealing the info to the patient could damage the patient, and it is clearly marked as such and the patient cant see it.

If I lose the CDR -- It is a normal operating procedure to get a copy of their doctor's evaluation (however would I have enough time to do it for reconsideration?) Not always, but you can't use it really anyway.... unless you can dispute factual things, such as, he says, I spent 60 minutes with the claimant, and you know it was only 5... and that he didn't even ask you things he said he asked, or examined the parts he said he did - I see that a lot.

 

-- but I still need to ask for it -- right? Yes. It won't just come to you.

 

and it may also take several months to get it -- right? It may be that if you go in person to your SSA, you may get it faster? It is not produced at that office, since it goes to the state, but they may be able to get it.

 

The request for copies need to be made to your analyst -- right? NO, to the SSA local office.

 

I just called SSA -- and they ssaid that they got all the necessary medical info (including their doctor evaluation) -- they said that it with THEIR own doctors now -- meaning I presume that SSA doctors are now providing recommendations on disability - is it tyoical? The examining doctor does NOT say whether you are disabled, no - nor does a treating doctor. A vocational expert does that. The examining doctor only tells his medical opinion on your capacities to do various activities. He does not have the credentials to determine if those capacities equate with being able to do one or more of many, many occupations that exist.

 

or normaly such a decsion is soleley with the SSA analyst and not internal SSA doctors? Correct.

 

If I lose this CDR - can I also get copies of what thier own SSA doctors submitted to SSA analyst? The WHOLE file, yes. You ask for your entire SSA file/folder on CD.

 




You mentioned that it depends on state regarding reconsideration procedure -- what is the situation in New York state? NY doesn't have reconsideration for disability, and I understand this to include CDR, although I am not finding that linked. Otherwise, though, no Recon as per https://secure.ssa.gov/poms.nsf/lnx/0412015100

You mentioned it is rubber stamp; in your experience - how often has it been reversed on reconsideration? Maybe 15%? It is not a rubber stamp per se - but it is considered to be same by many since that is the end result usually. And if you have not provided new evidence to give the Recon people reason to overturn, then the chances are way down.
Customer: replied 9 months ago.


one confusion here is probably on my part. SSA analyst told me that they have got all the information now including info from my doctors as well as examining SSA doctors. However, she said that THEIR doctors are now evaluting this. Can that be a vocational expert who works directly for SSA and not the claim analyst -- as the claim analyst may not have sufficient expertize to evaluate the doctor's findings (my own doctors as well as SSA examinig doctors).

 

Or can it be as per your link that they they sent to MC as it may relate to my mental condition.

 

your link states: "Exception: MC review and sign of is required ... for Title II and Title XVI less than fully favorable determination involving a mental patient"

 

Is this MC review and sign off occurs AFTER I receive a denial of CDR, or this sign off occurs PRIOR to SSA sending me the denial.

Expert:  Stephanie O Joy, Esq replied 9 months ago.

one confusion here is probably on my part. SSA analyst told me that they have got all the information now including info from my doctors as well as examining SSA doctors. OK.

However, she said that THEIR doctors are now evaluting this. They also have medical experts, who are doctors. They help decide
based on the medical evidence of record (MER) what "capacities" you have remaining, after the limitations imposed by your medical impairments. It is those capacities that either allow you to do one or more occupations on a full time basis, or render you unable to do any occupation (existing in substantial numbers) on a full time basis. The doctor would generally be deciding what capacities remain, then a vocation expert will take the given capacities and describe what occupations exist that they can fulfill - or will find that given only XYZ capacities, there is no occupation that you can perform full time.

Can that be a vocational expert who works directly for SSA and not the claim analyst - The claim analyst takes the above and puts it into a decision - the above opinions are all part of the evidence that he uses to make the final determination

-- as the claim analyst may not have sufficient expertize to evaluate the doctor's findings (my own doctors as well as SSA examinig doctors). That is right. Sometimes disability is obvious - for instance, a person who is wheelchair bound. Other things are not so cut and dried.

Or can it be as per your link that they they sent to MC as it may relate to my mental condition. Yes, they can do this.

your link states: "Exception: MC review and sign of is required ... for Title II and Title XVI less than fully favorable determination involving a mental patient" Yes. But keep in mind, that site was specifically to define which states, like NY, don't use Recon. But it does not speak specifically to CDR, and I don't have a link that does at this point.

Is this MC review and sign off occurs AFTER I receive a denial of CDR, or this sign off occurs PRIOR to SSA sending me the denial. They typically use the medical consultant prior to making the decision. However, if you went to ALJ hearing, those judges can also typcially choose to bring in an MC or a VE, if they deem it helpful or necessary. I tend to always see them down below, and probably more than 1/2 the time I see a VE at a hearing, and occasionally I see an MC at a hearing.

Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 11709
Experience: 19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
Stephanie O Joy, Esq and other Social Security Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response... T.G.W Matteson, IL
< Last | Next >
  • I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response... T.G.W Matteson, IL
  • I WON!!! I just wanted you to know that your original answer gave me the courage and confidence to go into yesterday's audit ready to fight. Bonnie Chesnee, SC
  • Great service. Answered my complex tax question in detail and provided a lot of additional useful information for my specific situation. John Minneapolis, MN
  • Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with. Orville Hesperia, California
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
 
 
 

Meet The Experts:

 
 
 
  • dylatess

    ATTORNEY

    Satisfied Customers:

    3086
    35 plus years of SSD practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    ATTORNEY

    Satisfied Customers:

    3086
    35 plus years of SSD practice
  • http://ww2.justanswer.com/uploads/MY/MyVirtualCPA/2012-7-5_44024_cookmegan1.64x64.jpg Megan C's Avatar

    Megan C

    Certified Public Accountant (CPA)

    Satisfied Customers:

    3247
    Licensed CPA, CMA, CFE M.Accy Also Teach Accounting courses at Master's Level
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    1138
    I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
  • http://ww2.justanswer.com/uploads/FA/fastfile/2011-12-15_23139_Klein2011small.64x64.jpg R. Klein, EA's Avatar

    R. Klein, EA

    Accountant

    Satisfied Customers:

    254
    Tax matters relating to Social Security Benefits only
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    188
    Licensed in multiple jurisdictions, experienced business attorney.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    137
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/CU/Cuttinggirl/2011-10-29_03719_wcrop2.64x64.jpg Wendy Reed's Avatar

    Wendy Reed

    Enrolled Agent

    Satisfied Customers:

    83
    15+ years assisting tax clients with taxation and eligibility of Social Security Benefits.