This episode explores why the Social Security Administration (SSA) mandates consultative psychological evaluations for disability benefit applicants alleging mental health issues. The attorney explains that this practice serves two main purposes: fulfilling the SSA's legal obligation to thoroughly develop the case record and obtaining objective medical evidence to counter potential bias from a claimant's personal physician. More significantly, the speaker cites the Eric Kahn case, a past scandal involving fraudulent medical records, as a catalyst for the SSA's increased reliance on consultative evaluations. For instance, the elimination of the "treating source requirement," which prioritized long-term treating physicians' opinions, reflects this shift towards greater scrutiny. However, the attorney argues that while this approach provides a legal basis for denial if a judge questions a treating physician's objectivity, most judges still value the perspective of a long-term physician over a one-time consultation. Ultimately, the episode highlights the SSA's complex balancing act between ensuring fair evaluations and mitigating the risk of fraudulent claims. This means that while consultative evaluations are common, a strong record from a reputable treating physician is still highly valuable in the disability claim process.
