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According to Social Security, C. Levit is a medical consultant for the New York State agency, who specializes in internal medicine. According to the New York State Department of Health, the only licensed physician in New York with the last name Levit and first initial C, is Charles D. Levit, who coincidentally is an internist.
I represent a 58 year old from Levittown that used to drive for car services, who applied for Social Security Disability (“SSD”) benefits due to cardiovascular problems. A board certified cardiologist, Thierry Duchatellier, Chief of Cardiology at Mercy medical Center, provided narrative and functionality reports stating that the claimant was disabled based upon the objective diagnostic testing and treatment records, which were also provided.
Levit reviewed the claimant’s medical records. Levit asserted that the claimant’s medical sources, including Dr. Duchatellier, were not contacted because “Prior experience raises a question as to the objectivity, accuracy, or validity of the evidence from the medical source(s).” Levit failed to identify the medical source or sources whose prior experience was questioned. However, the claimant’s medical sources said they had no prior experience with the State agency.
I advised the administrative law judge (“ALJ”) that Levit’s boilerplate statement that, “Prior experience raises a question as to the objectivity, accuracy, or validity of the evidence from the medical source(s)” – was fraudulent and defamatory. The statement must be boilerplate because I have seen it in other SSD files. I requested a subpoena for the attendance of Levit at the claimant’s hearing for cross examination, and that the ALJ notify the Agency’s Inspector General about the potential misconduct.
In this instance, the fraudulent and defamatory was not addressed since the ALJ will be issuing a fully favorable decision. However, such assertions should not be ignored, and in my opinion, claimants should insist on the right to cross examine anyone who makes libelous representations.Previous Next
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