Monday, September 13, 2021

DDS Inconsistency

 

The State agency makes the initial decision on Social Security Disability (“SSD”) applications.  When we advised the State agency that our 24 year old claimant from Uniondale with back problems would not attend a consultative examination (“CE”) due to the COVID-19 pandemic, the State agency agreed that the treating spine specialist could do the CE.  The specialist provided the very information that the State agency requested, yet it denied the claimant’s SSD application anyway.

The administrative law judge (“ALJ”) found the evidence regarding the claimant’s spine impairments compelling, and promptly approved SSD benefits.  The State agency received the exact information that it had requested, and it all supported the claimant’s SSD application. One can only surmise that the State agency gave no regard to the medical evidence because it had predetermined to reject the claim of a 24 year old.

If you are thinking about applying for SSD benefits, it's in your best interest to retain an attorney who specializes in disability.  For more information, please call my office for a free phone consultation.  We have offices conveniently located on Long Island in Nassau and Suffolk counties.

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