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Saturday, October 3rd, 2009
Subpoena The SSA Doctor
When you apply for Social Security Disability or Supplemental Security Income benefits, the Social Security Administration (“SSA”) will tell you to see its doctor. The SSA calls its doctor a Consultative Examiner (“CE”).
Most of the time the actual exam by the CE is cursory, contains findings that simply are made up, and indicates the claimant can work. The SSA then ignores what the treating doctor says and relies on the CE report to deny the application for disability benefits.
In New York, after the initial denial, the Administrative Law Judge (“ALJ”) assigned to your case sends you a hearing notice. Among other things, the notice says you have the right to ask the ALJ to issue a subpoena for people or documents. The SSA regulations and case law provide you with the right to cross examine your CE.
Always request that the ALJ subpoena your CE. The CE will not be able to support most of the findings and conclusions in the CE report. Furthermore, if the ALJ refuses to issue the subpoena, then that denial of due process provides automatic grounds for a new hearing if the ALJ denies your claim. I just received a decision from the Appeals Council that rejected an ALJ’s unfavorable decision for that very reason.
Previous Next- SSA - Is Anyone Listening?
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- Best Time to Apply for SS
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- Disabling Fibromyalgia
- Garnishing SS Benefits
- Nurse Practioners
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- Expediting Hearing
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- Jerome Caiati
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- Cyclic Vomiting Syndrome
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- Reliance Approves LTD After Deadline
- Approval for Toll Collector
- The Consequences of SSD Delays
- Acupuncture
- SSA Continues Prejudicial Policy
- Psychotherapy Notes
- Vocational Evidence Determinative
- Treating Doctor Testimony
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- SSA INTENTIONALLY INCREASING DELAYS
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- SSD With No Hearing
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- Social Security Backlog
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- A Padro Success
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- Agoraphobia
- Padro Deadline
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- Padro Settlement Agreement A Joke
- Appealing Partially Favorable Decisions
- Social Security in the News
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- Reopening Prior Application
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- Dire Need
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- Reviewing An Employer’s Work Description
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- Off Task
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- Fully Favorable Decisions
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- NOSSCR Conference
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- Illusory Unum Approval
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- Thank You Judge Irizarry
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- Work History
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- The Office of Medical and Vocational Expertise
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- Reopening Disability Applications
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- Veteran Gets SSD for Memorial Day
- Vocational Evidence
- Establishing Mental Disability
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- Postherpetic Neuralgia
- Multiple Sclerosis
- Disabling AION
- Proof of Birth for SSD
- Corroboration is not Superfluous
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- CIGNA CONTINUES ILLEGAL CONDUCT
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- Impaired Use of Hands
- Representative Payee
- Onset Appeal
- Amending SSD Onset Date
- State Agency Vocational Experts
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- Alport Syndrome
- David Nisnewitz Found Unfit To Be ALJ Again
- Reopening SSD Applications
- Another Example of ALJ Fier's Bias
- Physician Specialty
- Medical Source Statements
- Podiatrists and Disability Benefits
- Retaining Social Security Experts
- Transparent Hoppenfeld Bias
- State Agency Disability Analysts
- SSD & WC
- SSA Should Reimburse Travel
- Disability Benefits For Carpenter
- Carpal Tunnel Syndrome
- SSD Approved in Two Months
- Reflex Sympathetic Dystrophy
- Veterans Medical Source Statements
- Disabled by Schizophrenia
- Receiving SSD Benefits and an Income
- Vocational Credibility
- SSD For Police Officer
- Kienbock's Disease
- Patchogue Incompetence
- Binder and Binder
- Appeals Council Doltishness
- NYCERS Disability Pension
- Can You Receive SSD If You Have Income?
- Rheumatoid Arthritis
- Multiple Impairments
- Adverse Evidence
- Cerebrovascular Accident & SSD
- Was A Video Hearing Needed?
- NOSSCR Conference
- SSD Approved in 2 Weeks
- SSD Approved In 2 Months
- Disability and Diabetes
- Social Security Benefit Increase
- Vocational Experts
- IMA Consultative Examinations
- Hoppenfeld & The Rotation Policy
- Alzheimer’s
- Federal Court Reassigns Nisnewitz Case
- Approval After Federal Court Remand
- Abusive Hoppenfeld Conduct
- Rheumatoid Arthritis
- SSD Overpayments
- LTD Approved In Less Than A Month
- 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
- LTD Approved In Two Months
- Work History
- Relocating While Disabled
- Carpal Tunnel Syndrome
- Getting Disability Benefits Quickly
- SSD Approved in 3 Months
- SSD Approved In Two Months
- SSD & WC Offset
- Disability Analysts
- Federal Court Decision
- Social Security Depravity
- Depression and Anxiety
- Fully Favorable Appeals Council Order
- Erythema Multiform Major
- SSD in Three Months
- Lincoln Life Pays LTD Benefits
- Acquiring Work Skills
- Court Rejects CIGNA LTD Termination
- Disability Benefits & Substance Abuse
- Endometriosis
- SSD Approved In 2 Months
- Raising The Retirement Age
- No More Paper Checks
- Treating Doctors
- SSA Prehearing
- Disability Redefined
- Consultative Examinations
- Evidence of Hoppenfeld Bias
- ALJ Nisnewitz Rejected Again
- ALJ Bias Class Action
- Working And SSD
- ALJ Bias In Queens
- Federal Court Decision
- 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
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.
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