Posted: 12/31/2006 - DOCTORS WHO WON'T HELP

Summary:

OPM Often Denies Disability Retirement To Applicants With Otherwise Legitimate Cases, Because Of The Failure Of Doctors To Provide Adequate Medical Documentation.

By Harvey Friedman, Attorney at Law, Washington, DC

There is only one good reason for a doctor not to provide a patient with an appropriate Physician's Statement; if the doctor reasonably believes the patient is lying. Other than this single reason, it is irrelevant why a doctor doesn't provide his patient with a meaningful Physician's Statement.

It doesn't matter if the doctor is "too busy," or doesn't like legal matters," or "is not good at such things," or "is afraid to be dragged into court." That's all irrelevant and does not wipe out the doctor's professional duty to the patient. It also does not cure the monetary loss which the applicant will suffer as a result.

The doctor who believes you are lying has a duty to tell you that so that you can either defend yourself against the accusation or switch doctors. The doctor who either believes you or is unwilling to tell you that you are lying, has a duty to assist you in this legal matter. You need to remind and if necessary, confront the doctor with that duty.

I know, this is much easier said then done, but it must be done.

The politically correct thing, for me to say is that most doctors conscientiously help their patients in legitimate disability cases and that only a small minority shirk their duty.

The opposite is true.

Only a small minority of doctors are willing to help a patient with a legal matter, despite that the legal matter is directly connected with that doctor's medical treatment.

The exception of course, is those doctors who are in the business of dealing with legal matters. Many of the doctors, not in the business, end up helping, only after lot's of arm twisting.

One of the primary reasons for employees seeking legal assistance in disability retirement cases, is not because of their concern over what OPM might do but because they are afraid of what their doctors won't do. It is incredible that employees seeking disability retirement, have a greater concern that their own doctor will do them in then that the government will.

What is incredible too, is that few of us ever dare to say this or to do anything about it.

It may surprise you, but I have the identical problem with doctors, in my law practice. Those same doctors who refuse your pleas also refuse mine, made on behalf of their patients. The difference is that I do something to try to get them to cooperate. You need to also. I'm not always successful. You won't be either. But your chances of getting a doctor to meet this professional duty, is very much increased when you do something to make it happen instead of timidly shrinking away into the woodwork.

Clients express enormous fear and anxiety at the thought of enlisting their doctor's aid, let alone prodding them into providing it.

You may not see fit to do anything about the doctor, who without reason or apology, makes you idle away your time, in the waiting room but you cannot afford to allow your economic future to be placed in jeopardy by a doctor who unreasonably refuses to help in your disability retirement case.


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