The Free Dictionary defines harassment as the systematic actions of a group, including threats and demands, whose purpose may be merely to gain sadistic pleasure from making someone fearful or anxious. That definition applies to the manner in which IMA Disability Services (“IMA”) treats Social Security Disability (“SSD”) claimants.
For many years, my clients have advised me that the consultative examinations (“CEs”) performed by IMA contain findings that could not have been made. Consequently, because of IMA’s dishonest conduct, I have advised claimants to videotape their CE. There is no rule prohibiting an SSD claimant from videotaping their CE, and there is a rule permitting workers compensation (“WC”) claimants to videotape examinations.
I represent an SSD claimant who appeared at IMA for a CE. IMA told him that WC claimants can videotape exams, but not SSD claimants. When my client showed IMA that the letter scheduling the CE did not prohibit videotaping the CE, IMA said that their policy is to prohibit the taping, and therefore, IMA refused to perform the CE.
IMA refused to explain why the same person could tape the exam if he were seeking disability benefits from WC, but not SSD. There is absolutely no rational[NO e] or legitimate reason to treat the same person differently just because the source of IMA’s funding is different. Therefore, logic dictates that the purpose of IMA’s systematic inconsistent and arbitrary actions is to gain sadistic pleasure from making SSD claimants fearful or anxious.