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

[john999]

Free

When the VA askes about suicidal thoughts you can bet it is because some vet killed himself due to neglect and the VA got in trouble. They are protecting their asses. 99% of the paperwork the VA produces at the local VAMC is "cover your ass" stuff so they can pretend they are actually doing their jobs. If they would actually do the things they pretend to do we would have great medical care. If you tell them you do have suicidal thoughts they have a duty to investigate the potential. They must evaluate if the vet has the intention to actually kill themselves and take some kind of action. If you tell you VA shrink that you are thinking about killing yourself he has to decide if you are serious. I think many would just err towards the side of admitting the vet to protect themselves. When you go see your primary doctor they have reams of stuff to answer and about 10 minutes to do it. If they could just treat you like a human being but they have to do the CYA stuff which is what a big agency like the VA thrives on.

[ScubaBride]

After reading the beginning of this thread and looking at the providers manual I am most certainly PISSED off. I brought SSDI forms to my primary and he refused to fill them out or make any reccommendation of ability to work as far as SSA was concerned. He told me he was NOT ALLOWED to make disability decisions when it came to SSA. It would have saved me alot of $$$ that I had to pawn things for in order to go to an IME physician. OH well..It's over, SSDI approved...time to finish the fight for VA disability SC.