A medical doctor, who never examine me, was hired by the SSA Disability Administration to review my medical records, submit a written report of my medical conditions, tests, surgerys, and either approve or deny my claim for Disabilty Ins. The Dr.completely falsified the info, added info that is non-existent, in order to deny my claim. It is not a mistake here or there, but the whole report. He violated my constititional rights, caused an unfair denials & Hearing, caused me to lose everthing, suffer physically, emotionally, and has slandered me as a fake. I can absolutely prove this. My former attorney withheld his knowledge of this. Unhappy, I questioned him on some things, he dropped my case, sent his file; in it the false review, dated over year before I finally got a hearing!
Even though this involves a Social Security Disability Case, my new disabitlity attorney informs me that I cannot even appeal my case based on this & is appealing on another procedure error. I want Justice
gomanyes562
I would suggest you listen to your new attorney on this matter. Get a new one if you don't like him.
MenifeeManiac
The medical doctor appointed by the SSA was hired to review your records. However, as you stated above, he had to merely rely on these records, and did not examine you.
If his interpretation of the records was faulty, your attorney should have submitted an objection to the report, and provided an expert witness to rebut the SSA doctor's testimony at your hearing. Was this not done?
If your prior attorney caused you to miss the Statute of Limitations concerning your right to appeal the decision by the Social Security administrative judge, you may have an action against your former attorney. However, I doubt your current attorney would want to assist you in that suit.
In order to prove the malpractice aspect, you would have to prove that but for the negligent actions by your former attorney, you would have prevailed in your appeal of your case. That would be tough to prove.
At this time, if you really want justice, I would sit tight, and hope that the attorney you now have hired will properly represent your interests.
Good luck!
Michael B
get the report to an attorney and find another doctor who deals with SSA and have him do an exam. if they find problems the attorney can handle it
zeb6219
Talk to a lawyer who specializes in SS issues. Not a disability attorney. The report presented by a physician who did not physically examine you was probably based on the results of your lab work, the disability you present for relief from SS, and if you have an ability to provide a service for a wage. If you are not an uncontrolled schizophrenic, or have a very serious inability to answer a phone, interview people, work in some sort of computer related position, your probability of getting accepted by SS as being disabled. Ya know, I know a quadraplegic who works as a receptionist, and has a headset to help him answer the phone. I know another person who has no use of his legs because he was born with spina bifida, and his legs are useless. He drives, works for the democratic office, does computer tech, and goes to school to get a degree in computer tech. I know a woman who is over 50 y o, who has no use of her left side. The left side of her face has no expression changes, and to keep her from drooling saliva from the left side of her mouth, she keeps a wad of cotton 4x4's on the left side of her face, and changes the wad about every 2 hours. She works as an insurance billing clerk in her home, She can only type with one hand, but she really knows the codes that represent medical and surgical procedures qualifying for payment by most insurance plans. So, maybe you should go to an adult education program to acquire a marketable skill.
joker_32605
Your attorney is right about not being able to appeal your case based on this. However, you can sue the doctor for malpractice, submitting false information to a governmental agency with intent to harm you, etc. This would be a separate civil case. You can also report him to the state board of professional licensing and the AMA. Good for you for standing up for yourself.
The more claims the doctor denies, the more SS will use him as an expert. That is probably how he makes most of his living. Please report him, and sue him. You might need a separate lawyer for the claim against the doctor.
Orignal From: Tips: Is it malpractice, criminal or some other type of suit when a Doctor tampers with medical info?
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