- DISABILITY CLAIM FAQ
I filed an application for Social Security Disability (“SSD”) benefits for a plumber who became disabled when he was 58 years old. The application was denied because he objected to a consultative examination (“CE”) that IMA Disability Services (“IMA”) was scheduled to perform.
The claimant appealed, and had a hearing before Administrative Law Judge (“ALJ”) Seymour Fier. ALJ Fier contended that unless the claimant attended a CE by IMA he would deny the claim because the issue on appeal was the failure to attend the CE. I argued that because the hearing was de novo, the issue was whether the claimant was disabled, and that the HALLEX and regulations provided that a treating doctor was the preferred source for any CE.
After the hearing, ALJ Fier called me to say that he reviewed the law, and agreed that the rules provide that a treating doctor should perform the CE. He then asked me to arrange a CE with the claimant’s doctor as soon as possible, which I did. Based on the medical records that were already in the file, and the additional records provided after the claimant was re-examined, his SSD application was approved today.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