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

medical records patients rights.

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tednlou2:
If I understand, you went to this doc, rather than social security sending you to him.  I know SS asks applicants what docs they want medical records used from.  I would just not mention this docs name.  If the report is now in your files at your ID doc as the referring doc, I think you could request that report never be shared, because it was not performed by your ID doc. 

I know so many docs think working would magically solve all problems.  I suppose they think not working has slowed people, physically and mentally.  They don't realize things are so much more complicated than that.  Most I know on disability would love to be able to work.  They miss it.  They miss having that social aspect outside of home.  But, they have health problems that make it impossible.  Even if they could get hired, they would likely lose the job, because they just aren't able to do it, with their disabilities.

mitch777:

--- Quote from: tednlou2 on March 12, 2013, 07:23:59 PM ---If I understand, you went to this doc, rather than social security sending you to him.  I know SS asks applicants what docs they want medical records used from.  I would just not mention this docs name.  If the report is now in your files at your ID doc as the referring doc, I think you could request that report never be shared, because it was not performed by your ID doc. 

I know so many docs think working would magically solve all problems.  I suppose they think not working has slowed people, physically and mentally.  They don't realize things are so much more complicated than that.  Most I know on disability would love to be able to work.  They miss it.  They miss having that social aspect outside of home.  But, they have health problems that make it impossible.  Even if they could get hired, they would likely lose the job, because they just aren't able to do it, with their disabilities.

--- End quote ---

Ted,
You have just described my life in a nutshell.
Thank you!!! :)
 :'(

JR Gabbard:
Interesting question, mitch777.
If I'm reading this correctly, you had a neuropsych exam that showed that you had some cognitive impairment, but still some residual functional capacity.  You're worried that this report will hurt your SSDI case, and want your ID doctor to exclude it from your medical record. 
First thing is that, if you are already at the appeal stage, SSA should already have all your evidence, so unless they already have it, the only way they can get it is for you to submit it.  If they already have it, though, they will consider it.  There's no way to withdraw it if it is relevant to your claim.
If your claim is based on something other than cognitive impairment, ie you've had multiple OIs, or you have enough other manifestations of HIV infection, then the exam would not be relevant to your claim, and SSA will not consider it.
If they have it and they are going to consider it, you can always have your psychiatrist (the one who disagrees with the report) write her own assessment, which you could then submit.
If your ID doctor decides that the report is not relevant to your HIV treatment, he can legally exclude it from the records he maintains as long as he did not prepare the report himself.

darryaz:

--- Quote from: tednlou2 on March 12, 2013, 07:23:59 PM ---Most I know on disability would love to be able to work.  They miss it.  They miss having that social aspect outside of home.  But, they have health problems that make it impossible.  Even if they could get hired, they would likely lose the job, because they just aren't able to do it, with their disabilities.

--- End quote ---

AMEN!!!!

mitch777:

--- Quote from: JR Gabbard on March 19, 2013, 05:15:39 PM ---Interesting question, mitch777.
If I'm reading this correctly, you had a neuropsych exam that showed that you had some cognitive impairment, but still some residual functional capacity.  You're worried that this report will hurt your SSDI case, and want your ID doctor to exclude it from your medical record. 
First thing is that, if you are already at the appeal stage, SSA should already have all your evidence, so unless they already have it, the only way they can get it is for you to submit it.  If they already have it, though, they will consider it.  There's no way to withdraw it if it is relevant to your claim.
If your claim is based on something other than cognitive impairment, ie you've had multiple OIs, or you have enough other manifestations of HIV infection, then the exam would not be relevant to your claim, and SSA will not consider it.
If they have it and they are going to consider it, you can always have your psychiatrist (the one who disagrees with the report) write her own assessment, which you could then submit.
If your ID doctor decides that the report is not relevant to your HIV treatment, he can legally exclude it from the records he maintains as long as he did not prepare the report himself.

--- End quote ---
Thank you JR!
Your last sentence answered my question. :)
The SSA does not yet have a copy of the report. :)
While a portion of my claim states that I believe I have cognitive issues, it is by no means the whole picture.
Daily chronic headaches are one issue. (non-HIV related... I think. Neurologist thinks they are caused by 2 bulging disks in my neck.)
No OI's and my numbers are good.
The major issues related to HIV are:
                                                                                                                                                            Severe fatigue. (sleep about 11 hours per day)

Weakness in limbs. (often have difficulty standing or walking for more than 15-30 minutes)

Cognitive and memory issues. (I may have been within this guys "bell curve" but KNOW that I am FAR from how I was able to think and remember just a few years ago)

Social activity is a rare occurrence and daily activities are at a bare minimum. (pretty much home bound other than a rare night out, 50-60 medical related appointments per year, and grocery shopping)

Depression.

I think I may have to rely on my Psychiatrist and my Neurologist more than my ID doctor for my case as it seems the SSA doesn't put much weight on my HIV.
Sad, angry, tired and frustrated at the same time.

If you have any more advice...

(I have had an attorney from the beginning but I sometimes wonder how good she is with a disability case.
I tried calling MANY disability attorneys in the beginning but none wanted to be bothered with someone who was self-employed.)
I'm stuck with who I have at this point and she did refer me to my psychiatrist who I like allot and has been very understanding and helpful with my claim.

Anyway,
thanks again for taking the time!
I will be sure to ask my ID doc to pull that report from his records.

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