TO ODAR and DDS:

You have issued a Notice of a medical test for November 23, 2007.  Adding five days for mailing, this Notice was issued on November 28, 2007 (this is November 30, 2007).

Claimant was told that it was dangerous to undergo the test you propose.  Stephen C. MD, a treating physician of claimant told claimant that the test you propose is unnecessary, would not provide any medical information need and that claimant most likely would have an autonomic episode or syncope.

The test the Agency proposes is life threatening and provides no useful information that is not already before the Agency.

Therefore, pursuant to 20 CF Sec. 416.917, et. seq., the Notice is defective and the test is unnecessary and a medical provider has told claimant that it is dangerous and that it should not proceed.  Therefore, claimant will not appear at the scheduled test at the office of S VD MD.

Respectfully,

Daniel Alan Bernath
Attorney at Law

503.639.6666