Social Security Experts

The Social Security Administration (“SSA”) often utilizes expert witnesses when assessing a claimant’s disability. SSA may send a claimant to a physical or mental health doctor for an evaluation. SSA may also call a medical expert or a vocational expert to testify at a hearing.

The experts who appear at the hearing have never examined the claimant. These experts simply review the exhibit files and give their opinions based on the written evidence and reports. SSA pays for these experts to testify.

Claimants often inquire about the objectivity of these expert witnesses, given that their appearances are being paid for by the government. As one of my clients put it, “Why would a doctor bite the hand that feeds him?” It is a good question and there is no perfect answer.

Some expert witnesses do make a significant income off of their testimony for SSA, but that alone does not necessarily mean they will compromise their ethics and testify in a biased manner. Thankfully, your attorney is given the opportunity to cross-examine these witnesses. Thus, if the testimony is inaccurate and does not align with the medical evidence and clinical findings, we are able to poke holes in the expert’s theories.

Additionally, SSA is supposed to give controlling weight to the opinion of your treating physician over that of the expert witness.  This is because the government recognizes that your own doctor is better-suited to assess your capabilities, rather than a doctor who does not have a longitudinal history with you. Thus, there are strategies that we use to combat expert witnesses who do not testify objectively.

Got a question about SSDI or SSI that you need us to answer? Please check out our website at www.westcoastdisability.com . We try to provide you with helpful information on our website that will allow you to successfully navigate the Social Security Disability process. Also, feel free to email me your questions at megan@westcoastdisability.com or call me at (800) 459-3017 x 103.