Tuesday, March 17, 2015

IMA Evading Law Again

I represent a 51 year old home improvement contractor with back and shoulder problems, whose Social Security Disability (“SSD”) benefits were approved today despite IMA Disability Services (“IMA”)’s attempt to circumvent my legal representation. No hearing was required. 

IMA performs consultative examinations (“CEs”) for the Social Security Administration (“SSA”) in New York. When the SSA asks IMA to do a CE, information regarding the claimant’s attorney is provided to IMA. Nonetheless, with surprisingly regularity, IMA fails to copy my office when sending letters to claimants that state they must attend the CE. 

I submitted medical reports and records from the claimant’s orthopedists, neurosurgeons, physical therapist, pain management specialist, that the SSA found sufficient to approved SSD benefits. The perfunctory CEs, frequently performed by inappropriate, rarely are consistent with the supporting reports of the treating doctors. Had the claimant attended the CE, his SSD application almost certainly would have been denied.

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