Prior to the Covid pandemic, the Social Security Administration used video technology to perform consultative medical examinations (CEs) -- to help evaluate disability claims -- on a very limited basis. For understandable reasons, the agency has made much more extensive use of video technology for CEs during the pandemic but the pandemic is waning. The President has declared that the Public Health Emergency will end on May 11, 2023. Social Security has just issued an Emergency Message detailing how it will use video technology for CEs after May 11. They will use video technology only for psychiatric CEs, psychological CEs without standardized testing and speech and language CEs. The claimant must agree to the video CE.
7 comments:
AI review of medical records coming in the next 5 years is my bet.
I think CE's for psychological problems is a good idea anyway, always have. A lot of people with mental health issues do NOT like leaving their house, their safe space. I understand damn near 99% why this is a good idea. For physical issues, yes, one should go to the CE so they can examine them; even if it is a waste of money and time in a lot of the cases, as the DDS usually leans toward the treating physicians records. That's my opinion on this. As far as @9:54, lets hope not! AI is one of my biggest fears. That's just me though, and I know I can't be the only one!
@ 2:42PM I think the reason claimant's should attend IN-PERSON CE's (and hearings for that matter) is the exact reason you give for doing video, they do not like to leave their safe space at home. Conducting the CE (or video/phone hearing) from their "safe space" gives a false impression as to how the claimant would function in a work environment (unless, of course, their job is a work from home position).
I have had to convince claimants that it is in their best interests to suffer the anxiety of having to come to a hearing office, sit in a public waiting area, and meet the ALJ face to face to explain why their mental health impairs their ability to perform a job. Many would rather just literally phone it in.
@9:51 - 2:42 here.... you opened my eyes to the other side of this. I see the benefit of in-person now. Sometimes "good idea's" can actually hurt rather than help. Thank you!
I don't necessarily think that demonstrating anxiety at the hearing is a good reflection of an individual's day-to-day anxiety, because the hearing itself is really stressful - it impacts their ability to get benefits, and they have to come to a strange location and tell a stranger about their most personal health issues. Even claimants who don't have diagnosed anxiety are often really nervous and have difficulty communicating at the hearings. I'm finding in my cases involving anxiety/PTSD that I often get much better answers and more information about their day-to-day health and symptoms when they are in their safe space because they are more relaxed and better able to focus on the questions I'm asking. I do really like the online video hearings, because that both allows us to see each other, while still allowing the claimant to be in a safe/comfortable place. I also work in a Hearing Office that serves a substantial rural population, and the phone/OVH hearings have been great for folks not having to drive 3+ hours to get to a HO or remote hearing site. I'm hopeful we keep all of these options moving forward - it really gives claimants and reps the opportunity to decide what works best for the individual claimants.
@ 7:58 AM. Thank you for sharing your perspective, Your Honor. Hopefully your decisions do not cite the claimant's calm demeanor and ability to actively participate in the hearing process when you are assessing the intensity, persistence, and limiting effects of their symptoms. I have seen far too many decisions that have to be in favor of recommending phone/video hearings in mental health cases.
I believe CEs should be in person and also recorded. After the speaker at NOSSCR presented the topics of non traditional means to get approval for claimants, it seems like this would help the process over all. Now with doctors backing out in these exams due to threat of lawsuit being disseminated through the community, recording the exams would be a good way for everyone involved to know the best thing is being done for the claimants, if they need a CE. No one really believes that a single CE is better than the treating physician record nor does anyone believe doctors are actively trying to deny or sabotage claimants getting a fair chance. They just want to get their check at the end of the day.
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