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Thursday, May 17th, 2012
IMA Exam Is Not Required
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.
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- Representative Payee
- Onset Appeal
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- Vocational Experts
- IMA Consultative Examinations
- Hoppenfeld & The Rotation Policy
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- Federal Court Reassigns Nisnewitz Case
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- Rheumatoid Arthritis
- SSD Overpayments
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- Maximizing Disability Benefits
- Mixed Connective Tissue Disease
- When To Amend The Disability Onset Date
- Right To Cross Examine Post Hearing Experts
- Commissioner’s Statement Is Offensive
- Gilding the Lily
- SSD Approved in 2.5 Months
- When to File for SSD
- Disability & Incontinence
- Hoppenfeld Fibromyalgia Bias
- On The Record Requests
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- Carpal Tunnel Syndrome
- Getting Disability Benefits Quickly
- SSD Approved in 3 Months
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- Disability Analysts
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- Acquiring Work Skills
- Court Rejects CIGNA LTD Termination
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- Endometriosis
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- Raising The Retirement Age
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- Treating Doctors
- SSA Prehearing
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- Consultative Examinations
- Evidence of Hoppenfeld Bias
- ALJ Nisnewitz Rejected Again
- ALJ Bias Class Action
- Working And SSD
- ALJ Bias In Queens
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- ALJ Strauss Rejected Again
- Seven Year Wait Over
- Lyme Disease
- ALJ Strauss Reversed Again
- Remand To A New ALJ
- “Secret” Child’s Benefits
- Unfair CIGNA Tactics Detailed
- LTD Policy Offsets
- Partially Favorable Decisions
- SSD While Working
- Expediting Disability Benefits
- Multiple sclerosis
- Date Last Insured
- Radiculopathy
- Videoconference Hearings
- Expediting Disability Benefits
- Patchogue Incompetence
- Federal Court Decision
- Union Disability Approved
- SSA Notice of Awards
- SSA Doctors
- Protective Filing Date
- SSA Delays
- On The Record Requests
- Dialysis & Disability
- Disability Opinions & Medical Tests
- LTD and SSD
- CIGNA Sued For Surveillance
- Attorney Advisors
- Social Security Doctors
- Unum Reverses Termination
- Electronic Records Express
- Multiple Impairments
- Income Doesn't Bar Disability Benefits
- Celiac Disease
- Proving Disabling Pain
- EAJA Fees
- IMA Disability Services
- Self Employment
- Medical Listing Opinions
- Treatment Records
- Avoiding SSD Hearings
- Federal Court Remand
- The MTA & SSD
- When Work Doesn’t Count
- Gastroparesis
- Sjogren's Syndrome
- Benefits After A Federal Court Remand
- Firefighter Gets SSD Benefits
- Prudential Approved LTD, For Now
- Chronic Fatigue Syndrome
- Getting Benefits While Working
- EAJA Fees
- Stroke
- New Jersey District Court Remand
- District Court Remand
- ALJ Hoppenfeld Overtly Acts Biased
- Veterans
- NYCERS & SSD
- Medical Evidence and Functionality
- Deceptive SSA Notices
- Onset Date
- Queens ALJs
- When Can You File For SSD Benefits?
- Parkinson’s Disease
- Consultative Exam (“CE”) Ruled Improper
- EAJA Fees
- Consultative Examinations
- New Office
- Complaining About Biased ALJs
- IMA Disability Services
- Multiple Impairments
- NYCERS
- Primary Care Physicians
- Social Security Rulings
- Anxiety
- Fibromyalgia
- Retrospective Medical Opinion
- Disability For Federal Employees
- The Grids
- Chronic Fatigue Syndrome
- Adult Disabled Children
- Charcot-Marie-Tooth
- Depression and Anxiety
- RSD/CRPS
- Getting SSD Even If You Can Work
- Health Insurance For Children
- Health Insurance For Children
- Settling With CIGNA
- Avoiding An Improper Consultative Exam
- Multiple Sclerosis
- Protective Filing Dates
- SSD Delays
- Reopening Past SSD Denial
- ALJ Strauss’ Reliance On ME Cohen’s Testimony Proves She Is Biased
- Listed Impairments
- Multiple Medical Sources
- Attorney Advisors
- Avoiding Consultative Examinations
- Atypical Parkinson’s
- Chondromalacia
- Subpoena The SSA Doctor
- Prudential Reverses Fibromyalgia STD & LTD Denial
- ALJ Nisenewitz: Stupid or Biased?
- LTD & Health Insurance
- Courts Rules CIGNA Is Biased
- SSD & Taxes
- ALJ Hoppenfeld Must Be Barred From FMS Cases
- Don’t Believe Everything You Read
- On The Record Request
- Avoiding SSD Remand Hearing
- NYCERS Disability Retirement
- Submitting Medical Records
- CIGNA Ordered To Pay For Its Actions
- Oops, CIGNA’s Done It Again
- Hearing Office Attorneys
- Hearing Notice
- Appeals Council Rebukes ALJ Fier
- Unsuccessful Work Attempts
- Medical Assessments
- Disability & Downsizing
- Consultative Examinations
- Obama Disability Benefit
- Court Blasts CIGNA LTD Benefit Termination
- Obama and Social Security Benefits
- “Fully Favorable” Decisions
- SSD Secret
- Notice of Dismissal
- Initial SSA Decisions
- Appeals Council Scolds ALJ
- Unum Cases In New York
- Medical Evidence
- Prior Applications
- Disability is Functionality
- Medical Records & Reports
- Social Security Files
- Applicaiton Filing Date
- Representing Yourself
- Disabled Voters
- Vertigo
- Multiple Impairments
- Myasthenia Gravis
- More Is Better
- Disability Benefits & Work
- SSA Medical Reports
- Negotiating Disability Benefits
- Consultative Examinations
- GMA Exposes CIGNA
- Work History
- Onset and Application Dates
- Supreme Court Helps LTD Claimants
- Expediting SSD Cases
- Two Heads Are Better Than One
- LTD Litigation
- Retrospective Medical Opinions
- Establishing An Onset Date
- Field Visit
- Multiple Attorneys
- Self Employment
- Special Accommodations
- Multiple Disability Benefits
- Clarifying Objective Evidence
- “Fully Favorable” Decisions
- Treating Sources
- SSD & Mental Disability
- Using Vocational Evidence To Expedite Benefits
- Attorney Adjudicator
- Past Earnings
- Benefits Without A Hearing
- Irrelevant Medical Conditions
- Establishing Credibility
- Medical Updates
- No Health Insurance
- Application Dates
- Possible Delay Remedy
- Unum Reassessment Loophole
- Benefits Despite Income
- Consultative Examinations
- “Accentuate The Positive, Eliminate The Negative”
- Dire Need
- How To Avoid Hearing Delays
- Police Disability
- Seminar
- Expediting LTD Benefits
- Uveitis
- TBI and Vocational Evidence
- Failure To Receive Notice
- Mental Disorders
- Inability To Speak English
- Discovery In ERISA Cases
- Don’t Be Intimidated By DDS
- Multiple Sclerosis
- Avoiding Hearings
- Working Does Not Preclude Benefits
- Be Wary of Forms
- Exam Secrets
- SSD for Firefighter
- Consultative Examinations
- Purpose of SSD Hearing
- Why Wait?
- Insurance Department Complaint
- Overreach For Disability Retirement
- Vertigo
- No Objective Testing Required for Chronic Fatigue
- Non-binding Disability Decision
- Always Check The Listings
- LTD & SSD
- Avoid Early Retirement
- Getting Benefits Faster
- Medical Records & Reports
- Corroborating Physicians
- Unemployment Benefits
- Miano v. Barnhart
- Benefits Despite Working
- Work History Credibility
- Reflex Sympathetic Dystrophy
- Arthritis Foundation
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