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  • Stephanie O. Joy, Esq., Joy Disability

When SSA Says You May Be Unable To Handle Your Monies And Wants You Examined.


Question:

I have been awarded social security disability benefits from the SSA. However, they want to send me to one of their doctors to examine me to see if I can “manage” my own funds or, if I must have someone control my benefits for me. I would like to go to my own doctor and see if he will provide this information – can SSA force me to see one of its doctors for this report?

Answer:

Hi, the only reason, as I understand it, that they pay for you to go to a doctor for a capacity evaluation, is if the record does not clarify one way or another if you need a Representative Payee to handle your funds for you, on your behalf. If I were you, I'd ask my own doctor if he could provide a treating doctor opinion on that subject, confirming that you do not need an RP. You can use SSA-787. He can fill it out, you can send it to SSA with a cover letter (mail it certified RRR, as they will not accept this as faxed). See POMS section here: https://secure.ssa.gov/poms.nsf/lnx/0200502025 for full explanation of how the SSA should evaluate and accept your own treating doctor's statement - even more than a hired CE. Here is a copy of the 787, should you need.

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