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]

You guys seem to be stuck on the form, I think they were talking about a form that the drivers License Bureau might give you ,or a form that the Social Security Administration might give you. 6 post down from this one I posted another page from different VA manual and no where does it use the word form. I am going to my social security lawyer tomorrow and show him copies of the new physicals I just got in December and the favorable opinions I got in January, along with the two reqs from the VA. I am sure he will come up with a questionaire to meet our needs. I have a appointment with my psychiatrist on Thursday, who I will take this form generated by my lawyer to, we shall see what happens.

[betrayed]

Even without referencing the CFR/USC, Betrayed's good work leaves us with this:

Ralph

I will take a little credit I found the second reference where no form is mentioned but

Allen is the one who brought this to light originally

Edited February 18, 2007 by BETRAYED

[Objee]

Thanks for correcting me, Betrayed. Allen has been doing yeoman work researching things

we can really use. Pete and I will work up the connection between depression and cardio.

What Allen's been doing will enable us to create standardized approaches to getting VA to

accept new secondaries as being "in the body of medical knowledge" since we can experiment

and exchange info on what works and what doesn't. Over time, if we work together on this, we

can create beneficial changes here and there in the VBA process of accepting secondary ailments

as being due to a previously unknown primary cause. "Yes, Virginia, there is a Santa Claus."

Naive? Not if we coordinate our efforts.

Ralph

I will take a little credit I found the second reference where no form is mentioned but

Allen is the one who brought this to light originally

[Josephine]

Yesterday, I met with my new VA Psychiatrist. I like him and he said, "I see a lot of bogus claims, but I am sure yours is not that way".

Anyway, I will be requesting a new GAF test from this Doc. To be honest, I haven't had a real GAF test done on me, just quickies while in treatment.... and the VA is going to use those quickies on me for the rating. That is not fair.... but BS. This time, it will be done right and certified by a VA Psychiatrist.

Yes, I will put it in writing to this Psychiatrist, as I outlined below. THIS I WILL DO.

Good for you!! I am behind you 100%!

Josephine

[Objee]

Army, this looks good to me. The other half of this method is to build a relationship

with the physicians, NPs, whomever you need so that they are not only comfortable

assisting you, but want to help you build your claim. This letter gives the authority

and the relationship provides the desire.

Ralph

Here is what will be in the mail, Monday morning.

*********************************************************************

February 22, 2007

XXXXX XXXXXXX, SSN. XXXX

1111 SSSSt

SSS SSSSSS, XX 55555

XX XXXXXXX Clinic, Mental Health

ATTN: Dr. XXXXXX, Psychiatrist

XXXX SSSSS Rd.

XXX XXXXXX, XX 77777

Dear Dr. XXXXXXX,

1. References:

a. VHA Privacy Policy, Other Disclosures Requiring Authorization, page 17, September 2006.

b. VHA Directive 2000-029, Provision of Medical Opinions by VA Health Care Practitioners, September 2000.

2. The purpose of this memo is to request a formal Global Assessment of Functioning (GAF) test, complete multi-axial format as specified by DSM-IV. I want to provide it to my VA Region Office in support of the claim that I filed for PTSD in July 2005. I have not received a rating, yet.

3. I enclose a copy of what I submitted at a recent C&P evaluation. I thought it was for PTSD, but it wasn’t, but I submitted it as part of the record, anyway. As you can see, I have been formally diagnosed. Dr. XXXXXXX, my past VA Psychiatrist, did place some quick GAF scores in my record, as you know, but a formal GAF test has never been administered. That is what I am requesting of you, please, in accordance with the above DVA references. The references, above, state:

“VHA health care providers are required, when requested, to provide descriptive statements and opinions for VA patients with respect to patient’s medical condition, employability, and degree of disability.”

Thank you. I will try to make an appointment for the GAF testing, but will most likely need your assistance in making this appointment. Please get back with me.

Thank you.

Sincerely,

XXXXX X. XXXXXXXXX

Tel. (XXX) XXX-XXXX

******************************************************************

Comments, please ?

thanks.

Tbird: you need to put this one where all can understand what it means and have access to it in the future. It is that important.

[Pete53]

Have you requested and gotten your progress notes? They usually do a GAD every time they see you in Mental Health.