Consultative Exam Withdrawn

It is unclear why claimants applying for Social Security Disability (“SSD”) are virtually always told they have to attend a consultative examination ("CE”) since the rules actually permit them only in limited circumstances. In New York, IMA has the contract to perform the CEs now.

Every once in a while the State agency withdraws a CE request. Sometimes the State agency sends a letter specifically notifying you that the CE request is being withdrawn, which does not always result in an approval. When it doesn’t, and the basis for the denial is failing to attend the CE, you should certainly argue that it is inconsistent to withdraw a CE, but then claim not attending the CE is the basis for the denial. Sometimes the CE request is implicitly withdrawn.

I represent a 50 year old laborer who did road construction, who alleged disability due to back problem. Last month, the State agency sent the claimant a letter saying he needed to attend a CE. A week later, I submitted an EMG that showed the claimant had lumbar radiculopathy. The SSD application was approved today, which shows the CE was never needed, or was no longer needed because of the EMG. Regardless of why the CE was withdrawn, it was done so without the State agency sending written notice, which is an example of a CE implicitly being withdrawn.