Originally Posted by LIT LOVE

Does the eCAT even even apply at this stage of your application?

It was the ALJ that requested the CE, correct? --Not a disability adjudicator.

Here is a link to the original page I believe you're referring to (for anyone that wants to jump in and help): http://iwantmydisability.blogspot.co...-properly.html

Also, please remember what you're reading is an attorney's opinion of application of SS's policy in regards to the facts of his clients case.


Here is SS's policy on CE guidelines.
http://www.ssa.gov/disability/profes...guidelines.htm

You or your legal counsel would need to read your file to determine IF your psychiatrist was contacted to perform the CE or not. You're assuming he/she was not contacted. It is not uncommon for them to turn down the request due to the fee schedule or because they are unfamiliar with SSA's rules. It's not uncommon for them to be contacted by SS and not respond quickly enough.

Since it's an ALJ (I believe) requesting the EC, I'm not sure that she doesn't have greater discretion in ordering an independent CE. This may or may not be noted in the file. She might have questioned the credibility of an earlier report or felt your psychiatrist was not familiar with SS rules, for example. Again, the reason to even order the CE in the first place was because the ALJ apparently felt there was something lacking in your earlier reports. THAT is more important IMO, and your attorney should be able to determine what info is still needed and ask your psychiatrist to provide it.

If you read my above link, it states, "Medical sources who perform CEs must have a good understanding of SSA's disability programs and their evidence requirements." MOST docs are not familiar with either SSI or SSDI and the complex and rather exhaustive rules. Frankly MANY attorneys are not either. --I often recommend that applicants find a former SS employee to represent them when trying to obtain SSI/SSDI benefits because someone like Janke knows SSA's rules backwards and forwards.