Friday, February 21, 2014

State Agency Reports Misrepresentations

When the State agency makes the initial determination on a Social Security Disability (“SSD”) application, it prepares a Disability Determination Explanation. The hearing office relies on that eCAT report.

I represent a 55 year old internship coordinator with back problems whose SSD application was approved today, despite the fact that “A. Washington,” the State agency examiner, prepared an eCAT report that a treating doctor was not contacted to perform a consultative examination (“CE”) because there was no treating doctor. However, in that very same eCAT report, Washington noted that the claimant had two treating doctors. 

I filed an OTR for the claimant, which was granted today. The OTR pointed out the eCAT discrepancy. If the discrepancy were not pointed out, it is likely that the claim would have sat until a hearing was held. Since the SSA spent a lot of money on eCAT, you would think that it would honestly comply with the SSA’s simple and unambiguous policy of asking treating sources to perform CEs.

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