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Claimant has been examined at great length by his treating physician ***i MD. Claimant shall testify and states herein, that this examination took approximately one and one half hours. (In contrast, the examination by the government paid examiner took approximately ten minutes.)

The diagnoses by *** MD, are well supported by medically acceptable clinical and laboratory diagnostic techniques. As the exams and diagnosis cover impairments not even mentioned by the government hired examiner, (lungs/respiratory system) they are not inconsistent with other substantial evidence in the case record. SSR 96-2p.

Claimant hereby requests that his treating physician’s examination and examination results, including residual functioning capacity, be deemed as a consultative examination as if the Agency hired this examiner as per Social Security Administration regulation. 20 CFR § 404.1519h.

If the ALJ concludes that the treating physician’s diagnosis is insufficient to fulfill the Agency’s duty to construct a complete record, then claimant hereby requests a consultative exam again with*** or some other MD from the panel working for the DDS of Oregon and the ALJ can order the type of clinical and laboratory diagnostic technique the ALJ deems necessary.

Respectfully,

Daniel A. Bernath

Attorney at Law