Meds, Mind, Body & Benefits > Insurance, Benefits Programs & HIV

Waiting 18 mos on SSDI!!

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lookingforu:
I'm finally ready to cave here. I've had HIV for 10 years this month, and while my numbers are good (1800CD4, VL Undet), I have serious peripheral neuropathy pain. I've been on narcotic painkillers, been thru 2 head surgeries for nasal tumors, and can hardly move my arms anymore to the point where I've lost all muscle mass in my shoulders.
   Now, my issue. I havent worked in 18 mos because of the pain, and I decided last year to file for SSDI. I didnt come to this decision lightly because I loved my job and the people I worked with. Of course my claim was denied initially, but now my primary doctor, who is also my ID specialist, refuses to write a letter for my attorney to present on my behalf. He states  "Risk management of this hospital refuses them to do so because it leaves them open to lawsuits".
   My attorney is livid, he states this is all he needs to proceed. In the meantime I've gone totally thru my 401K and my savings is now gone. My truck was repossessed and I had to move in with my 70 yr old mother... HELP!

   

Solo_LTSurvivor:

--- Quote from: lookingforu on August 27, 2012, 11:48:26 AM ---
but now my primary doctor, who is also my ID specialist, refuses to write a letter for my attorney to present on my behalf. He states  "Risk management of this hospital refuses them to do so because it leaves them open to lawsuits".
   My attorney is livid, he states this is all he needs to proceed.
 

--- End quote ---

So why doesn't your lawyer file a motion to the court for an order or just subpoena the medical records?  Hopefully he'd be able to write supporting documentation that he attempted to obtain your medical information from your doc and was denied, which would be justification for going this route, in order to circumvent and force the doctor to comply, if he is indeed being uncooperative.

Once the information is obtained, I'm sure that the lawyer can present it to the SSA for re-consideration in order for them to process your application.

mitch777:
hmmm....
i think it may be time to get a new doc.
me: hiv+ for nearly 30 years. my counts have never been as good as yours but as you stated i also very reluctantly recently applied because i know i no longer can do what i loved to do for a living.
we KNOW our own bodies better than anyone.
best of luck to you!

Ann:

--- Quote from: lookingforu on August 27, 2012, 11:48:26 AM ---
but now my primary doctor, who is also my ID specialist, refuses to write a letter for my attorney to present on my behalf. He states  "Risk management of this hospital refuses them to do so because it leaves them open to lawsuits".


--- End quote ---

I can't help but think your doctor is making this up. How can writing a letter supporting an SSDI application open them up to lawsuits? It doesn't make sense to me. Has your attorney investigated the hospital's policy regarding this to see if it actually exists?

Unless I'm missing something (and I might be), it sounds to me like it may be a case of sour grapes along political lines. Is this doctor possibly an ultra-conservative who rants on about "entitlements" behind closed doors? Could he be refusing to write the letter because he thinks people (not just you) don't "deserve" SSDI - and is just using "hospital risk-management policy" as a smoke-screen?

Good luck sorting it all out. I hope my suspicions about your doctor are unfounded.

lookingforu:
Thanks for the replies people. I did speak with the director of the ID Clinic at the hospital, and she told me the same thing the doctor told me. She added "the forms which he illed out and sent to SSDI are all you need for your lawyer to proceed", then added" this clinic has gotten so large that they now see over 1400 patients, and if the doctor had to write such letters they would never get any work done". She then went on that "Your attorney can speak to Rick Management, and if they tell us to write such a letter then we will comply"
  So basically it comes down to "we wont go the extra step to help you unless we're forced to"
  Did I mention how depressed I am over this??

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