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The questionable relationship between IMA and the State agency continues, without any meaningful oversight. It seems nobody is concerned about the thousands of unnecessary exams.
We were retained by a 55 year old pharmacy tech from West Babylon with progressive orthopedic impairments following a motor vehicle accident, after her Social Security Disability (“SSD”) application was denied. As usual, the claimant was sent a letter stating that it was “necessary for” her to be examined by an unnamed doctor from IMA Disability Services.
In light of the persistent COVID-19 pandemic, we advised the State agency that it was more important now than ever to comply with the regulation concerning a consultative examination (“CE”). After all, according to Social Security’s website, they continue to conduct many hearings by telephone due to COVID-19. We advised the State agency to make a decision because the claimant was not willing to postpone a CE with IMA. Additionally, we advised the State agency that whatever information it believed was needed from IMA, could be requested from the claimant’s medical sources, who are the preferred source pursuant to the regulations.
The claimant did not attend a CE with IMA. We received a Notice of Award today for the claimant, who provided all her medical records and reports from her doctors. The State agency’s motivation for disregarding the CE regulations remains unclear. However, it is clear that the State agency’s letters asserting the IMA CEs are “necessary” is untrue. The claimant’s application should never have been denied in the first place.
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