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can i sue my doctor for not doing his job that being not filling

out disability paper. costing me...
can i sue my doctor for not doing his job that being not filling out disability paper. costing me 14,000 dollars a year.
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Answered in 8 hours by:
12/1/2012
Alexia Esq.
Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 13,580
Experience: 19 Years of Legal Practice Experience in this precise field.
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Hi, thanks for your inquiry! I have been practicing law for 17+ years and have specific experience with issues similar to yours. That being said...

If you had an agreement with your doctor where you agreed to pay her for services that included filling out a disability form, then yes, you could sue her for breach of contract. However, if you did not have such an agreement, you likely can not win a suit because like most other things, it is a free country and we can't force people, even doctors, to do things they choose not to do. That being said, as a practioner of Social Security Disability law, I have found that when a doctor will not fill out an SS form, it is NOT helpful to force him even if you could, because as important as filling it out is, it is equally important HOW that form is filled out. And a doctor who won't fill it out usually won't do it because the answers she'd be including would NOT help the patient win her disability case. In such case, when a residual functional capacity medical opinion is needed, and a doctor refuses to cooperate, I typically urge the client/claimant to make an appointment with an independent medical provider that DOES do these kinds of evaluations. They can be expensive, but when you need the evidence, it must be done. I also often suggest that the client consider getting a new doctor that has a greater understanding of her pain/symptoms/limitations, and an ethical policy that includes a willingness to take the 3 minutes of time needed to fill out such forms. And, if you did NOT already have your ALJ hearing, and still have appeal time, APPEAL for the next step. That may buy you the time needed to get that new medical evidence since you doctor didn't provide.

I hope this helps! Let me know if you need follow up before or after RATING me. And PLEASE know that my job depends on a POSITIVE rating now and at least an 8-10 feedback rating later. Thanks! I won't forget your support.

Sincerely,

Alexia Esq.



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I think this is what you wanted to know. If not, please let me know and we can interact further. Otherwise, I wish you the best and ask that you Rate me now. HINT: I aim to provide only EXCELLENT SERVICE and ask that you click a rating on the RIGHT side of the choices OR, follow up with me if you need more follow up or clarification. AND, WHEN YOU DO RATE ME POSITIVELY, PLEASE SEND ME A REPLY LETTING ME KNOW YOU ARE DOING SO, SO WE CAN ENSURE IT GETS RECORDED. THANKS!



You can ask for me directly in the future by starting your post with "To Alexia Esq." Or bookmark this page, and go to: http://www.justanswer.com/law/expert-AlexiaEsq/



Repeat reminder: Due to rules of our states, nothing herein is intended as legal advice, only intended as general information in order that you may have a starting point for helping yourself and presenting your issue to your lawyer if need be. I am an Attorney in the U.S. but I am not your attorney.

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Customer reply replied 5 years ago

Did you read the complete question, or did it not all get to you. If not,here it is, I'm on ss disablity now, I'ts long turm disabilty thats the problem is about. I am 64 years old & will retire in one year. I have been disabiled for 12 years I worked at the university of missouri . I have been on LTD for 14 years. I have spinal stenosis it gets worris with time I am in pain all the time.

Hi again, and thank you for your follow up:

Did you read the complete question, or did it not all get to you. I suspect it didn't all get posted, because here is all you mentioned: "

can i sue my doctor for not doing his job that being not filling out disability paper. costing me 14,000 dollars a year."

 

If not,here it is, I'm on ss disablity now, OK. Not in applying stage, but already had it.

I'ts long turm disabilty thats the problem is about. Yes, it can be.

I am 64 years old & will retire in one year. I have been disabiled for 12 years I worked at the university of missouri . I have been on LTD for 14 years. I have spinal stenosis it gets worris with time I am in pain all the time.
OK, I understand. Did you get a 'review' by the SSA and did they find you had improved? And are you saying that your doctor was not willing to fill out a form from SSA?
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Customer reply replied 5 years ago

No it's the ITD LONG TERM DISABILITY INS. from the university of missouri, I only need 1 more year = $14,000. My doctor is being a butt about it, now do you see what I mean.

Ah, yes. And it is amazing to me that some doctors won't fill out the forms. Incredibly selfish.

Unfortunately, the law doesn't force her to if you didn't hire her to do so (i.e. that agreement). Filling out forms is not the same obligation as providing competent treatment which IS part of the law.

But, that begs the question, and my thoughts are: Did you have an agreement (implied?) where you treated with her with the clear understanding that she would cooperate in filling out forms? In other words, if you went to her because you understood from that practice or her, that she would fill out necessary forms when needed, that concern the health matters for which she treats you, and you did treat with her and pay her ( you fulfilled your obligations) and she is now not performing her obligations under that agreement, this COULD be a breach of contract. For instance, is there a notice in the office that indicates patients can expect the cooperation in filling out forms? That could help show this implied agreement. OR, had she in all previous years filled out the paperwork, and suddenly refuses, which can help show it WAS a part of your treatment agreement. I think a jury would certainly believe that a disabled individual who must have medical documentation to fulfil her policy rights, would NOT agree to be treated by a doctor if that doctor would not be willing to fill out the forms needed that pertain to her treatment. It may tend to show that there was an implied agreement that was never terminated - i.e. the doctor didn't say to you 2 years ago, "by the way, this is the last time I will fill this out", in which case, you could have moved on to another doctor. So, while pretty novel as far as I know, I could see a potential argument if your favor if the facts were as above.

As an aside, you may want to APPEAL the denial by the insurance company. Consider taking the paperwork to an attorney (just to consult) who can review it to see if that was a bad faith denial - if forms filling is NOT required under the policy, and if you had medical records that confirm that no significant improvement has been made to your medical condition and limitations - you may be able to get this overturned.



I hope this helps! Let me know if you need follow up before or after RATING me. And PLEASE know that my job depends on a POSITIVE rating now and at least an 8-10 feedback rating later. Thanks! I won't forget your support.

Sincerely,

Alexia Esq.



-------



I think this is what you wanted to know. If not, please let me know and we can interact further. Otherwise, I wish you the best and ask that you Rate me now. HINT: I aim to provide only EXCELLENT SERVICE and ask that you click a rating on the RIGHT side of the choices OR, follow up with me if you need more follow up or clarification. AND, WHEN YOU DO RATE ME POSITIVELY, PLEASE SEND ME A REPLY LETTING ME KNOW YOU ARE DOING SO, SO WE CAN ENSURE IT GETS RECORDED. THANKS!



You can ask for me directly in the future by starting your post with "To Alexia Esq." Or bookmark this page, and go to: http://www.justanswer.com/law/expert-AlexiaEsq/



Repeat reminder: Due to rules of our states, nothing herein is intended as legal advice, only intended as general information in order that you may have a starting point for helping yourself and presenting your issue to your lawyer if need be. I am an Attorney in the U.S. but I am not your attorney.



Alexia Esq.
Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 13,580
Experience: 19 Years of Legal Practice Experience in this precise field.
Verified
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Alexia Esq.
Alexia Esq.
Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 13,580
13,580 Satisfied Customers
Experience: 19 Years of Legal Practice Experience in this precise field.

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