Claimants are always telling me that they cannot understand why the State agency, DDS, denied their application for Social Security Disability (“SSD”). Frequently, the reason is that the DDS chooses to ignore the medical evidence, and rely solely on the consultative examination (“CE”). Check my prior blog posts for more information about CEs, see e.g.
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.