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Why is the Judge Scheduling a Post-hearing Medical Exam?

At the end of a hearing can the judge tell you he wants to send you to a doctor because of a medication you are now taking even though it is not the reason you have filed for disability and not give you a decision at the end of the hearing? And than make another hearing date 6 months later?
–Sheryl

Jonathan Ginsberg responds: Yes, the judge can send you out for a post-hearing consultative examination for the purpose of understanding more about your condition. Although you did not specify what the medication is, it is possible that the judge felt that the medical record in your case did not explain why you are taking that medication.

For example, if the medication is for a mental health condition, but your medical record contains no mental health treatment, the judge may feel that he needs additional medical support in order to grant your case. Similarly, if the medication is used to treat alcohol or drug abuse, the judge will want to know more about that as well. Your attorney should be able to explain to you why your hearing is being continued to another date.

Most Social Security judges do not announce their decisions at the end of the hearing. Social Security courtrooms are not secured by baliffs or other security personnel and judges typically issue their decisions in writing. Good luck.

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