From the Buffalo News:
While safety concerns over the Covid-19 pandemic have closed government offices across the United States, the Social Security Administration is putting people in danger by directing them to a small Buffalo clinic for medical evaluations, five Buffalo-area attorneys said Friday.
The Social Security Administration has continued to require applicants for disability benefits to be evaluated by doctors at the 699 Hertel Ave. clinic run by Industrial Medicine Associates, also known as IMA, the attorneys said.
“I’ve had clients who have been told to go to this clinic and told that if they didn’t go, their applications for benefits could be negatively impacted,” said Richard G. Abbott, a Kenmore attorney who represents applicants for Social Security disability insurance. “Our president, our governor and county executive are telling people with underlying health issues to stay home. Social Security tells them to go to a place where they may be exposed to people who are sick. It’s outrageous.”
I didn't read the lawyer's constructive suggestion to help his client. Did he ask a treater if s/he would do it and he knows that is the preferred/required 1st option, examiner. Did he call the clinic to see what precautions they are taking [limited number in the waiting room?, masks & gloves provided?]. 75% of approved claims come at con and recon so cooperating is your best path. It may be better to w/d the claim until a treatment or vaccine or treatment is found.
ReplyDeleteNot from New York but generally the claimant's are told if you do not go AND if you do not call 24 hours ahead of time with a valid reason THEN we MIGHT make a determination with the information now in file. My DDS at least considers these concerns a valid reason. I think SSA should tell states to medically defer any case requiring a CE for three months and any requiring a TQ for six. Also they should tell states they will not penalize them for PD reversal rates
ReplyDeleteOhio has cancelled all pending CEs at this time.
ReplyDelete@10:31 - First off, do you think the CE's office is going to spend the time to talk to a claimant's attorney about their safety precautions? The state is advising people to stay home - how's that for a safety precaution for you. And the cavalier suggestion that people put off applying for disability until a vaccine is found is the most elitist, arrogant and out of touch thing I have read in a while. Here's a newsflash - most people dont have the luxury of deciding when they get disabled, and they cant just sit by twiddling their thumbs without any income until a vaccine is developed. I pray you're not an ALJ or in any position to decide claims.
ReplyDeleteAnon 10:20 - Good point. Presumably no one decides when they are going to be disabled. They already wait long enough. This will just make it worse.
ReplyDeleteThis is in New York state. I have heard of this happening elsewhere, though. CEs are always order through the state agencies, even if ordered by an ALJ after a hearing. I have watch Gov. Cuomo almost every day as he is a refreshing voice of truth, reason, and sanity at a time when some other government leaders are none of these things. I do not believe he would approve of a state agency insisting on exams when he has virtually tried to shut down everything in the state. If I were a lawyer in New York state I would try to complain to the governor's office.
ReplyDelete10:31 Do you realize how many people have restrictions from treating specialists (I.e don't lift over 10 pounds because the person has 8 herniated discs) yet still have to go to a Consultative Examination from an internist? Then the internist asks them a few questions, has them raise their arms, and rights a report that they have no limitations.
ReplyDeleteODO has said to cancel all CEs per instrux from CDC. Previously they had said to go with what your state was doing
ReplyDeleteI guess to a bureaucrat it makes sense. Half of what they do is make conflicting decisions and regulations so they can claim Auer deference for their ad hoc application of vague rules because they are the "experts" who must be trusted to resolve the vagueness that they themselves intentionally created. Baltimore SSA headquarters is Potemkin's dream come true.
ReplyDeleteOn a more serious note, with coronavirus heavily attacking Fairfax County (Falls Church), what a great time for SSA to push for Falls Church to do hearings rather than local ALJs. But alas, a Potemkin Village it is. What amazing productivity!
Might be trying to rake in every last dollar before they have to shut down. Anyway, CE's here in Mississippi have been cancelled.
ReplyDelete