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

[carlie]

This directive has been posted and had lots of discussion about it prior to this thread.

Nice to see it posted again, but it has been around quite a few years.

I suggest to veterans and others that are doing claim research to study all VA

memo's, guidelines and directives.

jmho,

carlie

[Josephine]

In my opinion, just from my experience. If the VA Psychiatrist during a C&P give you a GAF of 40, there isn't much that you can say or do about it. I just had to decide for myself, that perhaps I had more sense than they thought that I did or perhaps, I just think that I do and maybe I don't.

Just my thought for the day,

Josephine

[Guest allan]

Thanks for the credit folks, but Carlie's right. It's been on the board before.

It could have been Meg or Carlie I got it from, or Brenda or RickB or Josephine or Berta, John, Ody, Bill, Wings,............

To be honest with everyone, i don't remember where I found it before it ended up in my research folders.

I wonder if this is on a 5 yr renewal? If this is the case, it would be currant & effective for another 2 yrs before they review it again. Does that make since?

If it comes down to "must", & working, some will write down whatever is instructed, no matter how you present it to them.

If you can get some of them to have to serve the full sentence, for "Obstruction of Justice", 5 yrs & or $5000

Than that would bring some of these folks up to speed with only "3" yr old laws.

Some of these procedures they "must" do, should not come up for review, but become Law under protection rights of all Disabled Veterans, in my opinion.

Seems I remember with sociel security laws, if a manager "fails" to train his personel on how to apply benefits, they may be sued but not the claims handerlers.

Does anyone know if this is a federal wide thing? Would this also apply for say the DVA? VARO's, Appeals Center, BVA, etc?

Allan

Edited February 25, 2007 by allan

[Guest allan]

will this help?

PHYSICIAN.doc

[betrayed]

Oooops ! NO.... I do not want the whole thing, just AXIS V,

Thats why I want the whole GAF Report.... not just a GAF score. That way, I can check to see if it is, in fact, complete.

So, I edited paragraph 2. It will be in the mail, today.

your talking out both sides of your mouth

Axis I

1. Major Depressive Disorder

2. Generalized Anxiety Disorder v Panic Disorder with agoraphobia.

3. Nicotine dependent.

Axis II

Deffered

Axis III

Coronary Artery Disease, Hypertension, Hyperlipdemia,Chronic neck pain, recurrent nephrolithiasis BBPV.

Axis IV

Severe; depression, chronic pain and medical conditions, financial strain, unemployment, recent cardiac catherization.

Axis V

Gaf 30.

first you say "I do not want the whole thing, just AXIS V" then you say "Thats why I want the whole GAF Report.... not just a GAF score." I AM CONFUSED :)

[betrayed]

BETRAYED:

My orinial draft of my request (that I have modified/edited, said, "complete multi-axial format as specified by DSM-IV"

and thats what I listed in my post a complete Multi Axis Diagnosis I thru V and thats the keyword here DIAGNOSIS so other then asking what numerical ranking your are assigned under #5 I dont understand?