IME EXAM VERSES SOCIAL SECURITY DISABILITY EXAM

Asked 6 months ago - San Francisco, CA

I have been fighting a 3 yr divorce, it has come down to whether I can return to work. My ex's atty is requesting I have an IME, & I pay for half of the cost. I sustained a w.c. injury, back in 2008 later I was accepted by SSD in 2010 for (personal) reasons besides my W.C. injury. At this time I am unable to return to work even part-time. Does being accepted by SSD supersede any IME exam? My X made $130,000 last yr & I only get $1050.00 a mth. SSD immediately accepted my case within a few months due to my history. Now my X is questioning it, & putting me through more tests, causing me more duress. Can someone please advise.

Attorney answers (3)

  1. Armen Michael Tashjian

    Pro

    Contributor Level 14

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    Answered . I think your ex's attorney is completely out of line here. There is no legal precedent that will require you to do this. For example, who will select the so called IME doctor? What is the extent of the proposed IME? What disability standards will be used to define if you are able or unable to work?

    Perhaps you don't have a lawyer? If so, get one so you are not subjected to these types of shenanigans.

  2. Stephanie O Joy

    Contributor Level 16

    4

    Lawyers agree

    Answered . A finding by the SSA that one is disabled IS often considered top evidence by a family law judge, given the difficulty of proving complete disability before the SSA. However, there is no law, generally, that requires the judge to accept it. If I were you, I'd consider getting a letter from your treating physician(s) who know your condition better than any "evaluating" doctor, to explain how your condition remains as it was back in 2008. Your ex may not be totally out of line, given that the SSA has not reviewed your case since 2008, and certainly people often improve over time to be able to go back to work. If you HAVE undergone a CDR with the SSA, and you prevailed, I'd bring that paperwork to the Judge's attention, to show that you have been reviewed (your condition) and found to still be disabled.

    Good luck.

    On the SS front: You may also want to retain a firm that provides ongoing benefits protection services to enable to you have the strongest case possible when you are confronted with your next CDR with the SSA.

  3. D K Kevin Dugan

    Contributor Level 17

    2

    Lawyers agree

    Answered . Your atty can contest that request and indicate the facts as you described them. why aren't you asking your atty who knows your case?

    The information you obtain from this website is not legal advice.

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