The New York State Office of Temporary & Disability Assistance (“OTDA”) continues to order Social Security Disability (“SSD”) claimants to be examined by IMA Disability Services for consultative examinations (“CE’s”) under questionable circumstances.
The regulations state that OTDA may decide a CE is needed, but only “If we cannot get the information we need from your medical sources.” The OTDA ignores the regulations. On a continuing and regular basis, the OTDA orders claimants to go to IMA for a CE without any attempt to obtain any information from claimants’ medical sources.
We filed an SSD application for a 32 year old salesperson from East Meadow with mental impairments. A few weeks later, the OTDA insisted that the claimant attend an IMA CE, even though we had already provided disability reports and narrative medical summaries and explanations, from the claimant’s psychologist. The OTDA never made any written or oral request for records from the claimant or his doctors, which we also provided.
We objected to the CE. We asked that the OTDA identify what additional information they contended had not been submitted, and that we would ensure that the claimant’s doctors would provide it. As usual, the OTDA ignored our letter, simply sent another notice that ordered the claimant to attend to the CE. In response, we told OTDA that any CE needed to obtain additional information would have to be conducted by telephone because he has agoraphobia. OTDA said they would see what their doctor said about the agoraphobia.
We did not hear back from OTDA about the CE. However, the OTDA did approve the claimant’s SSD application.
This is another example of why it is beneficial to be represented by an attorney who specializes in disability law when you file a claim for benefits. I have helped thousands of clients obtain SSD benefits, many of whom would have been denied. Please feel free to call my office for a free phone consultation. We have offices conveniently located on Long Island in Nassau and Suffolk counties.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. Past performance doesn’t guarantee future results.
Copyright © 2023, Law Offices of Jeffrey Delott
Site Powered By: WebDesignYou