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Third Toe Disability Case Study

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Group I, Category 66 Insufficient Documentation to show conformance to procedural requirements when a disability determination is based on failure to cooperate
ISSUE
The DDS proposes a denial of this claim based on insufficient evidence in file to assess. However, a review of the file shows proper closeout procedures were not followed.
CASE DISCUSSION & POLICY ANALYSIS (INCLUDING SPECIFIC REFERENCES)
The claimant is a 48 year old filing a Concurrent claim with an AOD of 05/13/2016, gangrene in the right foot, right below knee amputation (BKA), CAD, type II diabetes, hyperlipidemia, and renal failure. The medical evidence shows the claimant has a history of right third toe trauma on 4/6/16. Xrays indicated the toe was positive for osteomyelitis in the toe and gas in the tissue. The claimant underwent amputation of the third toe. 4/16/16 he underwent a mitral valve replacement. There was evidence of gangrene in the foot. He underwent a BKA. On discharge, he was in a wheelchair. There was discussion of pre-prosthetic training.
DDS determined there was insufficient evidence in file to assess. The evidence in file supports this determination. …show more content…
The DE contacted the claimant on 6/29/16 and 7/15/16 to inquire about the missing forms. A call-in letter was sent to the claimant on 6/29/16. A SSA 1696 was input into the electronic file on 7/13/16. There is no evidence in file that suggests the DDs attempted to contact the authorized representative. DI 23007.005.D.1 states; if the claimant has an appointed representative, send all written correspondence to the appointed representative and the claimant, and direct all telephone contact to the appointed representative unless asked to communicate directly with the

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