OSHA Fraud Claim Upheld on Exam by Unqualified Social Security Doctor

The Social Security Administration often hires doctors to examine disability claimants, review their medical records and even come and testify against these wage earners who paid into this system.

Lawyers often see reports from Social Security contract doctors that are unsigned, made by a physician of the wrong specialty area of medicine; and incomplete.

In a recent case, a disabled claimant filed a complaint with the District of Columbia Board of Medicine against a Social Security Consultative Examining Physician (“CE”) while his case was pending at the Federal District Court, because he had lost again at the Hearing level before the Administrative Law Judge based on a faulty report.

The D.C. Board of Medicine determined that a violation of the Health Occupations Revision Act had occurred and that disciplinary action could be warranted. The disabled claimant also filed with the DC Superior Court that the report constituted fraudulent misrepresentation, because the doctor hired by the Social Security Administration had performed only a cursory medical examination and used no diagnostic tools to arrive at his medical conclusion. The court concluded that the doctor’s report contained a false representation of material fact. Story here: