“They just want ppl to give up!” (Original Post this thread.)
Let me see if I understand this correctly. Pegasusdream65 is railing against a Federal agency because they are giving him a third chance to prove that which he failed to prove at the Initial Level, the Reconsideration Level, or the SSA Administrative Law Judge level? Does that really sound like and agency that wants
“ppl to give up!”? Apparently, the ALJ did not think the medical evidence in file would pass muster and offered a chance to provide new information.
Why, did he want the new examination? The AC may have required the CE in its Remand. What information did the ALJ want?
What does the Remand Order say is the reason for the remand, or did the ALJ decide on his own that a Consultative Examination to meet the requirements of the Appeals Council? The attorney should have that information or can get it – either from the Judge or the Disability Determination Service employee who actually orders the examination.
Is the applicant's doctor treating patients now?
“The treating source is the preferred source of purchased examinations when the treating source is qualified, equipped and willing to perform the additional examination or tests for the fee schedule payment and generally furnishes complete and timely reports. Even if only a supplemental test is required, the treating source is ordinarily the preferred source for this service.” (Emphasis added) (
https://www.ssa.gov/disability/professionals/greenbook/ce-guidelines.htm)
Please reread Reply #7.
“Did he refuse to perform the exam as required by SSA? Did he refuse due to the amount SSA pays…” This is the most common reason treating sources do not perform CE’s. Others simply do not want to get mixed up in anything that may involve them in litigation. If money is the reason, the doctor may accept the amount SSA pays and allow payment of the difference between that amount and his normal examination rate.
Reply #8 was posted while this reply was being written.
It appears it is time to have a serious conversation with the attorney – he does work for the applicant who is trying to help HIM win. It may be prudent to make sure the applicant's doctor will actually do an examination the way SSA needs it done before "rocking the boat". (See source provided above.) The attorney may have a valid reason for not wanting the treating doctor doing the examination. It is hoped that the attorney is not trying to delay the decision for personal reasons knowing SSA will get the blame.