I get more questions about CEs than any other topic. DDS schedules CEs before they even request records from the claimant's treating doctors, who according to Social Security's own rules are the "preferred source" for medical information.
I represent a 48 year old Medical Assistant from Bay Shore whose impairments cause suffering from debilitating pain. The DDS representative handling the case told my office that this was a very strong case, with an overabundance of medical evidence. Nonetheless, the representative still denied Social Security Disability ("SSD") benefits solely because the claimant did not attend a CE.
My client was approved today at her hearing. The ALJ acknowledged all of the supporting objecting evidence I obtained from the claimant's treating doctors, which included MRI's, scans and other objective test results. The ALJ found the claimant's testimony to be credible, consistent with the treatment provided, and the treating doctors' opinions to be persuasive. The fact that the claimant did not attend a CE was not even mentioned.
DDS continues to practice the boondoggle policy of scheduling needless CEs for claimants. The CE gives DDS the excuse to ignore the large amounts of medical information in the file, and deny the claim based on the vague CE opinions, which the federal courts uniformly deride. CEs delay benefits as they force claimants to defend themselves against the typically fraudulent exams those doctors perform.
My client is extremely happy that she retained an experienced disability attorney who was able to obtain a favorable outcome for her, rather than trying to take on Social Security by herself. Please call my office for a free phone consultation if you are thinking about applying for SSD benefits. My office is conveniently located in Melville, Long Island.
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