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]

Tower rat I thought they were in this post, no problemo just upload again

[betrayed]

Those issues on that assessment are one thing, but when I go to my VA Shrink, invaribly, he asks two main questions:

Is this system a good one?

NO

Those forms come from my SSDI Lawyer

[Tower_Rat]

Thanks for the forms Betrayed!!! I have them pretty much already from my social security. Its a shame that the VA doesn't like to look at them in regards to my claim but, I keep sending them in knowing that one day that I will get 100 percent.

[betrayed]

Its a shame that the VA doesn't like to look at them in regards to my claim but, I keep sending them in knowing that one day that I will get 100 percent.

Persistence pays off my friend!

A previous Doc of mine (I fired him after he assaulted me while I was in physh ward)the VA doesnt give a hoot how sick u r, people who get 100% r the ones who dont give up.

He was right...............

[Pete53]

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.

[betrayed]

waiting on a congressional myself, doctor did not want to fill out forms provided by my SSDI lawyer......................the hospital is past the 30 day limit they gave them, but the hospital insist it is working on it B) B)