Doctor Must Give His Opinion If You Ask Him

[betrayed]

question: If a patient ask me to fill a form out for him in order to obtain a drivers license, or obtain SSN or VA benefits am I required to do this.

Answer: If you are asked to fill out a form to assit a patient in obtaining disability or pension benefits, you are required to provide a descriptive statement and opinion with respect to that patient's medical condition, employability, and degree of disability.

from

VHA Practitioner’s Guide to Information Law

http://www.vehu.med.va.gov/vehu/vehu2005/p...r-%20FinalA.pdf

Allan originally posted this in social chat and only 19 people have read it

During my last appointment with new a psychiatrist I wrote him a 6 page letter with my complete medical background, my vocational rehabilitation background. I ended the letter with this:

Even though I feel this may be unusual, I don’t feel it’s unfair to ask you your opinion; do I have the capacity to work? I don’t expect you to answer this immediately, I would like for you to take all the time necessary before coming to your conclusion. I also have to ask you consider the following:

Can you reasonably expect a man to work who has had 112 days in a medical facility in 2006, Can you reasonably expect employer to put up with this? Can you reasonably expect a man who is in chronic pain to work? Can you reasonably expect a man who is mentally incapacitated to work? Can you reasonably expect a man who has panic attacks and angina attacks every time he has stress or does any strenuous to work?

Can you reasonably expect a man who is under the influence of Fentanyl 75mcg/h twenty-four hours a day along with Oxycodone and Clonazepam to work? Can you reasonably expect a man to drive a vehicle to get back and forth as he is always under the influence and would be breaking the law?

When I got a copy of the progress notes from that visit, at the end of the progress note he noted the 6 page letter and stated he would address this at our next visit, and words to the effect he did not want this to become a dominant factor in my treatment. I will now print this entire manual out and take it to the doctor during my next visit. I will pull it out only if he does not answer my question.

Allan you have provided one hell of a piece of ammunition to use in our battles with the VA. When I was in the pysch ward last time I asked my doctor the same question and he stated that his opinion did not matter. I sure wish I had this document then.

directive_2000_029.pdf

practioners_guide_to_information_law.pdf

VA_HIPAATRAINpage17of26.pdf

Edited March 12, 2007 by Tbird

[betrayed]

Well my lawyer asked my C&P examiner to fill out a form, she said she didnt have to comply with the directives because she is not a health care provider. Talked to my congressman this am, congressional inquiry started :P

[Hoppy]

The last time I got a clarification on the requirement for an assessment from the folks at customer care at my local VA they told me that it dependes on who makes the request. The did not feel they had to make such an assesment if requested by the veteran. They did not show me any laws, that was just their opinion. They told me the types of requests they were required to fill out. However, I forgot who it was that they said had to make the request. A check with customer care might get a good answer to this question. It is going to be a long time before I go back to the hospital. If somebody can get customer care to give them an opinion and get it in writing that would show how they intrepet this requirement. Then post it here and show it to your attorney.

As far as GAF goes they can change based on hospitilization and then upgraded after released from hospitalization. Usually a GAF given after a single appointment is not viewed as good evidence. The best way to get a GAF is to get it from a treating physician who has seen you over a period of time. A C&P examiner will have a hard time rebutting a GAF from a treating physician.

Keep in mind that a C&P examiner or any treating physician is not required by law to believe every word that comes out of your mouth. The best way to get a low GAF that has some teeth to it is to take evidence with you to the C&P showing long term unemployment and problems with social interaction. Social Security earning statments, police reports, divorce papers, statements from people you know and employers, etc. Ask the examiner to reference these documents when making their reports.

I gave my Social Security earnings statement to the examiner and submitted it to the RO showing that I had no income for 10 years other than General Relief welfare SSI and then a non service connected pension. I got people I know to write statements that I did not interact normally and spent alot of time at home. When you consider that I wound up in an ER (angioedema triggered by something in their homes)) after watching football or having dinner in other peoples homes I did become a recluse. I took the ER reports showing symptoms of severe angioedema to the C&P exams also. I have not had a GAF higher than 41 in the last ten years.

[betrayed]

Yep, me too. I have filed a Congressional on my VA Clinic here. The DVA Inspector General said, "Your problem is best settled locally". That was simply BS. So, I made copies of the IG letter and other documents and sent it to my US Sentator that happens to be on the US Senate Committee for the Department of Veterans Affairs. Shes a senior member on that committee and an ASS-kicking woman. This is gonna come to a head. The VA won't like this. I am pushing it to the limit. :P

let me guess you live in WA ? My senators are worthless pieces of sh1t. They have never answered anything I have written them. My Congressman Mike Rogers has been super in helping on more than one occasion. He sent a representative to the VARO with me when I met with the head cheese. This is the fourth time he has interviened for me.

When I was locked up in the nut house and assaulted by the doctor, I had the chaplain call the VA police in my behalf, I was in his office and watched him do it, and they (the police) did not respond. I called Mike Rogers office monday morning and there was a cop in front of me, waiting for me to fill out my complaint of assault against the doctor within a half hour of me calling Mike Rogers office.

[gdsnide]

the directives are on teh Net & can be copied & taken with U to the Doc as I have done it......GARY

[betrayed]

the directives are on teh Net & can be copied & taken with U to the Doc as I have done it......GARY

The directives were provided to my lawyer by me. He enclosed them with his request.

One of the directives says specifically Health Care Provider and the other says Practioner.

The doctor is claiming she is not a health care provider.

But she is a Practioner !!!!!!

I bet the Congressional Inquiry makes a few butts pucker down at the hospital. Poor 100% P&T vet can not get help from Va Hospital without congressional Inquiry! Sounds like a good newsline!

[allan]

Hello BETRAYED,

VARO doctors work for the dept of veterans affairs. than theres the other reason. VARO doctors work for the dept of veterans affairs. Their actions reflect their instructions.