The initial decision in Social Security Disability (“SSD”) cases is made by state agencies referred to as Division of Disability Determination Services (“DDDS”). Almost without exception, the DDDS will insist that a claimant be examined by doctors that it selects. Because the DDDS doctors make a living examining SSD claimants, they rarely conclude that a claimant is disabled. Furthermore, their reports usually contain examination findings that are made up.
If the DDDS truly believes that an examination is needed for additional medical information to evaluate a claim, then the DDDS must ask the treating doctor, as the “preferred source,” to perform the examination. The New Jersey DDDS kept insisting that one of my clients be examined by their doctors. I insisted that any examination would have to be performed by the claimant’s orthopedist, internist or pain management specialist, each of whom had already supplied very supportive and detailed medical evidence.
The debate regarding who should examine the claimant lasted a couple of months, and the claimant’s application was approved yesterday. However, had the claimant been examined by the DDDS doctors, who certainly would have concluded the claimant was capable of working, then the claimant’s application would have been denied, and he would have been compelled to wait close to two years for a hearingPrevious Next
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