I represent a former school maintenance worker who had to stop working when he was 48 years old due to a back problem. The DDS insisted on four separate occasions that it was necessary for him to go to a CE because they needed more evidence, but I stated that the treating doctors’ information I submitted was sufficient, and that they could ask any treating doctor for more information. The DDS denied the application.
On appeal, I viewed the claimant’s file, and learned that the DDS admittedly failed to review most of the evidence submitted, and found a report conceding that it only considered two reports, while reports from twice as many doctors were filed. Not surprisingly, I received a fully favorable decision today for the claimant from an Administrative Law Judge.