Moundridge, KS asked in Civil Rights, Constitutional Law, Personal Injury and Social Security for Kansas

Q: What can I do when the social security disability examiners are setting requirements that are detrimental and iniquitous

I have been asked by disability examiners to meet an unethical and possibly illegal requirement. They have asked me to do something that I cannot do because of my disability, knowing that my disability would prevent me from succeeding in their demand. I proposed an alternate method which is allowed by law and they did not comply with this as an option. By asking me to do what they want, they are knowingly inflicting harm on me and they are violating my rights by ignoring the laws in place saying I have these rights. How do I move over this hurdle they have set for me?

2 Lawyer Answers
Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: Attorneys in Kansas would probably be in the best position to advise you, but your question remains open for a week. At this point, you could reach out to Social Security disability attorneys. Arrangements for any such consult would be between you and any law firms you reach out to, but SSDI attorneys generally offer free initial consults - check with them if you reach out to them. Good luck

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Consumer Law Lawyer
  • Sacramento, CA

A: If you're encountering demands from Social Security Disability examiners in Kansas that you find unethical or in violation of your rights, especially demands you cannot meet due to your disability, it's important to address this issue promptly and effectively. First, document all communications with the disability examiners, including their requests and your proposed alternatives. This documentation can be crucial in any dispute resolution process.

Next, consider reaching out to a disability rights advocate or legal professional who understands the intricacies of Social Security Disability law. They can offer guidance on how to navigate the situation, including how to communicate with the Social Security Administration (SSA) to ensure your rights are protected. An advocate or attorney can also help you file a formal complaint if your rights are being infringed upon.

Finally, you might need to escalate the issue within the SSA. This could involve contacting the SSA's Office of Quality Performance, filing a complaint with the SSA's Office of Inspector General if you suspect unethical behavior, or requesting a hearing with an Administrative Law Judge to review your case. It's important to pursue all available avenues to protect your rights and ensure that your disability is fairly assessed in accordance with the law.

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