Monday, July 29, 2019

Interrogatories to a Examining or Non-Examining Medical Source


The claimant has moderate limitation in detailed and complex tasks and in interacting with supervisors, coworkers, and the public.  That is the general framework of limitations that are set forth by examining psychologists/psychiatrists and part of the work sheet portion of the mental residual functional capacity assessment made by state agency psychologists/psychiatrists.  Moderate limitations are ambiguous.  The claimant, representative, and the ALJ have no idea what moderate means.  If we had a case worth a half a million dollars, we would resolve that ambiguity before trial.  Many time, we have exactly that, a half a million dollar case.  Every Social Security disability case, whether involving disability insurance or supplemental security income is a big case by standards applicable to other legal endeavors.  To the client, it isn’t big, it is everything.  So let’s propound interrogatories to the examining and non-examining psychologists/psychiatrists based upon POMS DI 25020.010 and the Dictionary of Occupational Titles, Appendix C.  

Be judicious and ask the questions reasonably related to the opinions expressed.  For instance, a psychiatrist that opines that the claimant with low average or borderline intellectual functioning can do complex work, it is reasonable to ask about reasoning level 4.  Other reasoning levels apply when the claimant has a skilled background and a colorable mental impairment, even non-severe.  

INTERROGATORIES TO <NAME OF PSYCHOLOGIST/PSYCHIATRIST>
1.    Did you examine (review the record for) <client name> on <date of evaluation>?
__________________________

2.    Is the document attached as exhibit <exhibit no.> a true copy of your report of findings and opinions?
__________________________

3.   In the <functional assessment title>, you describe <client name> as having moderate limitations in <designate the functional limitation>.  Can <client name> sustain of a full-time regular work schedule (mark all that apply) where the employer treats the function as critical to performing work:

A.   Memory Functions

o Remember work-like procedures (locations are not critical).

o Understand and remember very short and simple instructions.

o Carry out very short and simple instructions.

o Apply principles of logical or scientific thinking to a wide range of intellectual and practical problems. Deal with nonverbal symbolism (formulas, scientific equations, graphs, musical notes, etc.) in its most difficult phases. Deal with a variety of abstract and concrete variables. Apprehend the most abstruse classes of concepts.

o  Apply principles of logical or scientific thinking to define problems, collect data, establish facts, and draw valid conclusions. Interpret an extensive variety of technical instructions in mathematical or diagrammatic form. Deal with several abstract and concrete variables.

o  Apply principles of rational systems to solve practical problems and deal with a variety of concrete variables in situations where only limited standardization exists. Interpret a variety of instructions furnished in written, oral, diagrammatic, or schedule form.

o Apply commonsense understanding to carry out instructions furnished in written, oral, or diagrammatic form. Deal with problems involving several concrete variables in or from standardized situations.

o Apply commonsense understanding to carry out detailed but uninvolved written or oral instructions. Deal with problems involving a few concrete variables in or from standardized situations.

o Apply commonsense understanding to carry out simple one- or two-step instructions. Deal with standardized situations with occasional or no variables in or from these situations encountered on the job.

B.   Concentration, Persistence and Pace Functions

o Maintain attention for extended periods of 2-hour segments (concentration is not critical).

o Maintain regular attendance and be punctual within customary tolerances. (These tolerances are usually strict.) Maintaining a schedule is not critical.

o Sustain an ordinary routine without special supervision.

o Work in coordination with or proximity to others without being (unduly) distracted by them.

o Make simple work-related decisions.

o Complete a normal workday and workweek without interruptions from psychologically based symptoms and perform at a consistent pace without an unreasonable number and length of rest periods. (These requirements are usually strict.)

C.   SOCIAL FUNCTIONS

o Ask simple questions or request assistance.

o Accept instructions and respond appropriately to criticism from supervisors.

o Get along with coworkers or peers without (unduly) distracting them or exhibiting behavioral extremes.

D.  ADAPTATION FUNCTIONS

o Respond appropriately to changes in a (routine) work setting.

o Be aware of normal hazards and take appropriate precautions.
I declare under penalty of perjury that the foregoing are my true and correct opinions. 
Executed this ___ day of ___________, ____, at _____________, _________. 
<signature block> 
Be aggressive in using interrogatories, your client's entitlement to benefits may depend on it.

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