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]

Most would not, could not, or don't know how to, go ahead and push the issue on an important matter. Not me. If it is obviously WRONG, I will object to it. I will push it to the hilt until change is made.... for the better.

I think we are alike in that area

[betrayed]

Well I got the response from the Congressional Inquiry

(the VA sent me a copy of the letter and form they mailed to my congressman, it only took two months for the VA to answer the congressional inquiry to the VAMC)

about the doctor refusing to fill out the forms supplied by my SSDI Lawyer.

The VA's answer was to have a different doctor fill out the form and not the one who completed the PTSD C&P.............................and the problem with what they did is that no where is PTSD listed or mentioned on the form. So I am now waiting to hear from my congressman.

[free_spirit_etc]

I think the suicidal thougts question is one they ask everyone - reguardless of the situation - so they can act like they have addressed the issue.

When my husband was in the hospital for several weeks before he died - he was FULL CODE up to the last day.

He wanted EVERYTHING done to preserve his life.

He still had hopes of turning all the physical problems around - and getting strong enough to fight the cancer again.

He also had good reasons to believe he could. He had done it before. He had gotten stronger and better when there was "no hope."

But I can't count the times they came in that room trying to get him to change his mind on the full code.

And when they couldn't get him to change his mind - they pulled me aside and tried to get me to over ride his decision.

By the way - THAT ticked me off. I was honoring my husband's wishes -- as THEY SHOULD have. It was HIS life - and HIS choices.

Anyway -- I recently read the psych report. He said "patient denies any suicidal tendencies..."

The guy had to fight over and over again to have them honor his wish to LIVE.

Free

In 1991 they would ask me if I had suicidal thoughts. In 1995 while still waiting for a final decision from VA after I was asked if I had thoughts about harming myself my reply was why don't you ask me if I have thoughts about harming you? After that I am always asked about others.

I have a friend who was a family friend before we both served and he had 5 purple hearts as a Marine who after years of fighting with the VA tried to throw an intern out the window. His problem was the office was in the basement. He got service connected in a few weeks.

ALthough it has been my experience that the impersonal VA sometimes does not mind screwing with a Veteran from afar they are pretty much intimidated by Veterans face to face.

:D

[Pete53]

Free:

A VA Social Worker called me out of blue and asked me if I wanted to appoint someone a friend or family to make my Medical Decisions if I could not.

I told her with a straight face that my wish was that I would lie in a coma for 10 years so that the VA could take care of me and my wife could draw all my Disability Pay.

Have a nice day and thanks for calling.

[jecsb4]

It is good that thee are guide lines for VA practitioners but are there any for a private dr? I suspect not.

[betrayed]

It is good that thee are guide lines for VA practitioners but are there any for a private dr? I suspect not.

But they Dont Follow the Guidlines.............................I get a congressional inquiry going and in response the VA still fails to follow the guidlines.............and do not tell my congressman why when or how, they pretend the guidlines dont exist.................never mention them, just get a different doc to fill out the form, that is their answer to a congressional?