New York State Supreme Court Judge Duane Hart concluded that an “independent medical expert” (“IME”) named Michael Katz, who insurance companies regularly employed to undercut workers’ compensation claims, lied about how extensive his exams were.
Dr. Katz claimed that he performed various tests during his 20 minute examination. However, the claimant’s videotape of the exam showed that it lasted less than two minutes, and that the tests were not done. Judge Hart declared that Dr. Katz had lied, and stated that the matter should be referred to the District Attorney to prosecute for perjury. The judge also imposed $10,000 sanctions upon the attorneys representing the insurance company that hired Dr. Katz.
Long Term Disability insurers are well known for their using IMEs to create evidence to contradict the supporting treating medical experts. However, it seems to me that Judge Hart’s conclusions can also be applied to the consultative examinations (“CEs”) that are done in connection with Social Security Disability (“SSD”) hearings.
I have advised administrative law judges (“ALJs”) for years that the CEs are fraudulent because the reports contain exam finding that never took place. I have even advised some of my clients to videotape the exams, a practice that I will now universally endorse.
It seems to me that if a fraudulent exam by an IME in the context of a State workers compensation case is perjury, then a fraudulent CE in the context of a federal SSD case would be a false or fictitious statement in violation of 18 U.S.C. § 1001. Since a doctor who seeks payment from the Social Security Administration under Medicare for tests that were not done can be prosecuted under 18 U.S.C. § 1001, then why can’t a doctor who seeks payment from the Social Security Administration under the SSD program for tests that were not done be prosecuted under 18 U.S.C. § 1001?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. Past performance doesn’t guarantee future results.
Copyright © 2023, Law Offices of Jeffrey Delott
Site Powered By: WebDesignYou