I had posted to a news report from Buffalo about Social Security requiring disability claimants to attend consultative medical examinations during the Covid-19 epidemic. There is a new report out of Buffalo quoting an agency spokesperson saying that “We are not requiring applicants to appear in-person for consultative examinations during the national COVID 19 pandemic.” He went on to say that “We have instructed the DDSs [Disability Determination Services] to hold any case where the consultative
exam, necessary for a disability decision, is canceled and to reschedule
it once the COVID 19 pandemic subsides.”
Social Security really ought to put out a national press release on this.
Social Security really ought to put out a national press release on this.
They should inform all the State DDS services also. The Florida Department of Health Disability Determination Service is still sending claimants for consultative exams with threats that noncompliance would be risking a loss of benefits.
ReplyDeleteAll the states have been informed but only on Monday ....presumably before the CE letters were sent
DeleteThe commissioner had not been out in front of any of this. He has been feckless. where is the national guidance. Every judge for him/herself. Every office with a different take on what is happening. Not satisfied at all with the new leadership, because there is no leadership.
ReplyDeleteThis report does not confirm that CEs have been stopped. It states that claimants won't be punished if they don't attend a CE. That is not the same thing. And how are claimants supposed to know that given the previous letter they received.
ReplyDeleteWe have been informed that DDS Administrator Letter 998 does put an end to CEs, but thus far, we have been unable to get a copy of it.
It is an utter disgrace that these CEs have not been cancelled. Do we really want to wait until one of our clients gets infected at one of these exams.
Do what you can to get records for your clients to reduce the likelihood that CEs are needed. Dare I say, earn your keep for each client, not just the ones that will get you a bigger payday.
ReplyDelete@11:10
ReplyDeleteDDS denies the claim if there is insufficient evidence on that basis. They hire CEs to counter a treating physician's opinion, or rarely, to counter DDS's internal consultant who actually supported an award who the DDS managers disagree with.
As to only assisting clients who "will get you a bigger payday," that's absurd. Setting aside the ethical implications, an early award in all likelihood is going to be the most profitable one, certainly for the claimant but also for the representative. That's because, due to retroactivity of onset and with the Administrative delays already involved, awards approach the fee cap at recon, and any increase in awards is going to be offset by labor costs of maintaining the claim from our end.
This should be viewed as a windfall since the record will not contain a CE saying the opposite of what the Claimant is saying.
ReplyDeletePlease, please, please, can someone with some connections to any state DDS, please obtain and post Administrator Letter 998.
ReplyDeleteWe need to use it to STOP DDS from continuing to have CEs. It just isn't safe.
Im in the reconsideration phase and i have a bunch of new records that were not used in my previous decision. I do not have to be seen for an evaluation. Are they still working on cases. I had my reconsideration appeal in march 3rd. My lawyer submitted it. Anyone have an answer for me would be greatly appreciated. Ty
ReplyDeleteDDS is still working on disability claims.
ReplyDeleteTook a claim from someone who alleged he had a disease that runs in his family that would be a compassionate allowance in a few days if he had medical sources. Nope, he never went to a doctor but has the same symptoms as his other family members. Willing to go to a CE but it may be months before he will be sent.
As a former state DDS employee for over a decade and current attorney representing clients, that comment at 11:10AM is both silly and offensive. I worked with medical consultants, paid by the case, who didn’t want to page through hundreds of records, when a three page “exam” by the guy conducting his exam in a Motel 6 (and graduated last in his class) was available. The DDB doesn’t WANT medical records from clients. They want some guy or gal who knows clients are grifters to watch the gal walk into the office (more likely have a medical assistant do it) and ask them to touch their toes, so they have a basis to deny claims.
ReplyDeleteObtaining medical records from closed primary care offices won’t make a difference in that calculus.
Are they doing CE yet?
ReplyDelete