- DISABILITY CLAIM FAQ
We filed a reconsideration appeal on May 3, 2021. Just three weeks later, the State agency denied the claim without requesting any additional information. The State agency claimed that we refused to allow our client to attend a Consultative Exam (“CE”) because of “a medical condition.” That claim was deceptive at best.
The State agency concealed that the claimant’s “medical condition” was his cardiovascular heart disease, which resulted in two heart surgeries in February, and two more surgeries in March, when COVID was still raging. In his condition, the claimant could not risk being exposed to COVID. To minimize the risk, we offered to have one of his cardiologists perform the CE, who also happen to be the preferred source under the regulations. His doctors were perfectly willing to perform the CE, but the State agency ignored that offer.
The medical section of our client’s Social Security claim file contains 2,421 pages of records that support his disability from work. The State agency denied this claim because the claimant did not attend a CE. We have seen quality control memos rejecting such denials, and reminding the State agency to make a decision on the other evidence in the file. The State agency failed to do that here.
There were thousands of pages of medical records. The State agency refused to identify any medical documentation that was purportedly missing. There was a great deal of documentation regarding our client’s medical conditions, including diagnoses, objective diagnostic test data, operative reports, supportive letters and reports from multiple treating doctors. There was no need for our client to attend a CE.
Logic dictates that the State agency was too lazy to review the 2,421 pages of medical records. This claim should have been approved. It is a travesty that it was denied.
We will continue to fight for our client and are confident that the hearing office will give this claim the proper consideration and review. If you find yourself in need of assistance applying for disability, please contact my office for a free phone consultation. We have offices conveniently located on Long Island in Nassau and Suffolk counties.
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