If you’re in the middle of a Social Security Disability appeal, you want to ensure two things: that you have a great legal team, and that the medical consultants (MCs) you hire are the best of the best. But want if those consultants already work for the Social Security Administration (SSA) or even a completely unrelated state agency? Can you use them?
According to a 2010 finding from an SSA Office of General Counsel, the answer is absolutely not. Even if the medical consultant is only a contractor, it’s considered to be a “conflict of interest” and you have to find someone else for your case.
Conflict of Interest?
If you don’t think about it too hard, the argument makes sense. The MC seems to have a vested interest in both sides of the decision, which might affect the statements they make.
That however isn’t the explanation given by the SSA. They describe how an MC testifying for the claimant would be working “against the agency’s interests” and that it would be “adverse to the agency.” Basically, if their own MCs were to disagree with one of their decisions, it would put them in an “adversarial” position.
Fine. Except that the SSA’s own guidelines state that the administrative process—including hearings and challenges to their decisions—is “conduct[ed]…in an informal, nonadversary manner.”
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What Does It All Mean?
Confused by all the legal speak? What it boils down to is that the SSA isn’t supposed to care about anything except making the correct determination about your disability eligibility. It shouldn’t matter if someone disagrees with their decision—even one of their own employees—because the point is to make the right decision.
Unfortunately, in this case it seems that the SSA is far more concerned with saving money and saving face than allowing claimants access to the experts who could increase the likelihood of getting the disability determination right the first time. All of this is why it’s more important than ever to work with an experienced Social Security Disability attorney on your Social Security Disability appeal. For more information, be sure to check out our free e-book, The Social Security Disability Puzzle
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