State Agency-IMA Bad Faith Tactics

Wednesday, June 6th, 2012

Regular readers of my blogs know that I have described how the State agency routinely deceives Social Security Disability claimants into going for examinations by doctors from IMA Disability Services. It seems the State agency is employing new tactics in order to assure that claimants go to these exams.

The first tactic is conveniently failing to notify me when my client has been asked to attend a consultative examination (“CE”) by IMA. I first learn about the CE only after I see the claimant’s efolder on appeal after the State agency has denied the application. The second tactic is calling the claimant on the telephone to tell them to go to the IMA CE, but mailing the notice to me two days before the 9am CE, which the State agency knows will not be delivered until after the CE. When I ask the claimants why they did not tell me they were going to the CE they said they thought I knew. In fact, one client told me today that they thought it was my office that was telling them to go the CE.

The State agency’s unethical tactics are designed to circumvent my interposing objections to the CE or advising the claimant not to attend. What makes the State agency’s tactics all the more unethical is that they have been specifically advised in writing that they are not to contact the claimant directly without my prior written authorization in violation of their own rules – POMS GN 03910.050.

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