- DISABILITY CLAIM FAQ
The Appeals Council just issued an order ruling that an Administrative Law Judge (“ALJ”) cannot ask a claimant to attend a CE by a non-treating doctor on the grounds that the treating doctor’s opinion or report contains conflicts, gaps or inconsistencies, without asking the treating doctor to explain the perceived conflict, gap or inconsistency. The Appeals Council also ruled that an ALJ cannot deny an application solely because a claimant refused to attend a CE, and criticized the ALJ for rejecting the CE by the treating doctor.
The Appeals Council order confirmed that a treating source is the preferred source for performing a CE, and that an ALJ cannot ask an “independent” doctor to perform a CE unless the treating source is given the chance to explain any alleged conflict, gap or inconsistency. The order shows that a claimant has good cause, and cannot be penalized, for refusing to attend a CE that fails to comply with the Social Security rules and regulations.Previous Next
DISCLAIMER This website provides general information on disability law topics as a public service. Information is intended to be as accurate and current as possible, but should not be relied on as legal advice. No attorney/client relationship is created by viewing or using the content on this website. Each legal problem is different, and past performance does not guarantee future results. You should not act on any of the information contained in this site without first consulting legal counsel, which is why readers are advised to seek experienced legal representation in connection with disability related issues. Our Internet links are not associated with us, and we do not guarantee the accuracy of, any information contained in any link.
Copyright © 2021, Law Offices of Jeffrey Delott
Site Powered By: WebDesignYou