Whenever a Social Security Disability (“SSD”) claimant in New York applies for benefits, regardless of his or her diagnosis, the State agency sends a notice stating that, “It will be necessary for you to be examined by” IMA Disability Services (“IMA”). Unsuspecting claimants think that they have no choice about going to the consultative examination (“CE”) because the State agency notice says it is “necessary."
The State agency notice is misleading. The Social Security regulations state
when it is necessary to attend a CE.
There are actually very few situations where a CE is “necessary,” and in
the majority of those cases, the regulations provide that the CE should be
performed by the claimant’s treating doctor.
I represent a 49 year old former public safety officer with
a back problem. As is usual, the
State agency sent her letters that said it was necessary for her to be examined
by IMA for her back. For various
reasons the claimant declined the CE.
Today, I received the claimant’s Notice of Award.
The State agency knows that its notice is misleading. I send the State agency a lengthy,
detailed letter explaining why the CE is not necessary, and asking if they
asked the treating doctor to supply the same information that they asked IMA to
supply. Not surprisingly, the
State agency fails to respond to my letters, and instead, simply sends another
notice, which says that the CE is “necessary.”