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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18814
Experience:  Employment/Labor Law Litigation
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I live in Texas. I have been under the care of an

Customer Question

I live in Texas. I have been under the care of an orthopaedic for lower back issues, and have been unable to work. I'm a labor and delivery nurse. I have been paying for an insurance policy through my employment for over 20 years. It's titled "long term disability" but it's a two year policy that will pay me until I'm able to return to work. It's like an Aflac policy. I have presented the paperwork to my doctor and his PA, and they refuse to fill it out. They say they are not going to file "disability" papers on me....it's their "office policy". They only fill out "short term" paperwork. I have tried to explain to them that I do not want them to diagnose me as disabled, but to explain what I'm being treated for at this time and why I'm not able to work, at this time. Can they legally refuse to fill out the paperwork? The doctor has told me that I need lower back surgery before I'm able to return to work.
Submitted: 11 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 11 months ago.

Thank you for trusting your question to JA today. I’m happy to be of assistance.

Unfortunately yes, they can legally refuse to fill out the paperwork. Doctors and medical professionals cannot be compelled to fill out paperwork for any sort of insurance claim that require they make a medical opinion.

I do wish I could tell you differently here, but you'll need to find a different doctor to complete the paperwork. The most likely candidate would be a specialist regarding your back.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 11 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required.

If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.