It appears you have not yet Signed Up with our community. To Sign Up for free, please click here....



Health Insurance Issues Message Board
Post New Thread   Closed Thread
LinkBack Thread Tools
Old 08-06-2011, 06:17 AM   #1
Junior Member
(female)
 
Join Date: Nov 2010
Location: Southeast USA
Posts: 40
tryingtobehopef HB User
new doctor said i was malingering

and i was denied social security again. this is the only doctor i can afford, which is a sliding scale fee clinic, and it is the only one in the area, believe me, i've looked. this doctor seemed understanding and supportive to my face, then stabbed me in the back with the office note. what can i do? i am afraid my lawyer isn't going to believe me now, and may drop me.

 
Old 08-06-2011, 06:26 AM   #2
Inactive
(male)
 
Join Date: Mar 2011
Location: USA
Posts: 2,602
BlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB User
Re: new doctor said i was malingering

Quote:
Originally Posted by tryingtobehopef View Post
and i was denied social security again. this is the only doctor i can afford, which is a sliding scale fee clinic, and it is the only one in the area, believe me, i've looked. this doctor seemed understanding and supportive to my face, then stabbed me in the back with the office note. what can i do? i am afraid my lawyer isn't going to believe me now, and may drop me.
Can you elaborate a little more about how this doctor stabbed you in the back? What did he/she actually say/do to adversely effect your SSDI claim?

 
Sponsors Lightbulb
   
Old 08-06-2011, 06:27 AM   #3
Veteran
(female)
 
Join Date: Jul 2008
Location: charlotte,
Posts: 355
dismama HB Userdismama HB Userdismama HB Userdismama HB Userdismama HB Userdismama HB Userdismama HB User
Re: new doctor said i was malingering

what is the disability you are applying under? if it is mental ssa really only has the dr opinion to go off of.

 
Old 08-06-2011, 06:45 AM   #4
Junior Member
(female)
 
Join Date: Nov 2010
Location: Southeast USA
Posts: 40
tryingtobehopef HB User
Re: new doctor said i was malingering

my claim is for many things, psych. is being seen by another doctor, so that wasn't involved. this was for back pain and obesity. the doctor could have just said they did not want to get involved in my claim. instead, they put they think i am malingering in the office note, which is what ssa got.

 
Old 08-06-2011, 08:08 AM   #5
Inactive
(female)
 
Harmoney's Avatar
 
Join Date: Jan 2010
Posts: 245
Harmoney HB UserHarmoney HB UserHarmoney HB UserHarmoney HB UserHarmoney HB UserHarmoney HB UserHarmoney HB UserHarmoney HB User
Re: new doctor said i was malingering

I had several doctors lie to my face then stab me in the back. One actually wrote down I was aggressively seeking my SSDI. I found this out through my lawyer. Strange words to use, she would have been better to have said desperately trying to seek it. This therapist actually told me I could get a job and love it at 58 yrs. old with all my health problems. The therapist by the way is 20 yrs. younger than me with no health problems. It's sad how these doctors, in my case it was a therapist who hadn't even graduated yet can write down whatever they want. If it's mental disabilities I'm not ALLOWED to read the reports which I kind of find amusing. How else am I going to try to win my case without reviewing notes regarding my condition. I have old reports I've seen, I've handled it OK, I know the truth and the old reports state the truth even if I don't like it. Many of the doctors & therapist don't care & feel powerful to do this to someone. I've noticed if I don't agree with everything a therapist says they turn on me. How is someone really going to get true help if they agree with everything said? I'm supposed to be happy about going without while all the ones making these decisions are not going without medical care themselves. These people are given too much power for their own good.

My latest therapist just announced she is retiring so now I have to start all over again. She never cared if I got my SSDI or not, she's covered and that's all the matters to most unfortunately. If they ever went without themselves they would be screaming the loudest.

 
Old 08-06-2011, 08:28 AM   #6
Junior Member
(female)
 
Join Date: Nov 2010
Location: Southeast USA
Posts: 40
tryingtobehopef HB User
Re: new doctor said i was malingering

it's really annoying, but it's a fact that much of the ssa's decision rests on the doctor, whether or not he/she is wrong. i hope that karma bites them all in the butt some day. i may have to go back to my old community clinic, but it is a bit farther away, and a bit more expensive, and i don't have any money.

 
Old 08-06-2011, 12:30 PM   #7
Inactive
(male)
 
Join Date: Mar 2011
Location: USA
Posts: 2,602
BlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB User
Re: new doctor said i was malingering

Quote:
Originally Posted by tryingtobehopef View Post
it's really annoying, but it's a fact that much of the ssa's decision rests on the doctor, whether or not he/she is wrong. i hope that karma bites them all in the butt some day. i may have to go back to my old community clinic, but it is a bit farther away, and a bit more expensive, and i don't have any money.
I am sorry all this is happening to you tryingtobehopef. You are right about what you said about your doctor. They are w/o question the most important piece of the disability approval puzzle when any claimant files a claim for LTD/SSDI. It is actually really simple. In order to obtain any kind of disability insurance benefits, you have to certify (prove) to the insurer that you are disabled. The only people by law who are sanctioned to do this in our society are doctors. You can have the best legal help in the world but w/o a supportive doc, you are essentially dead in the water. Some doctors simply don't like having anything to do with anything disability related to the patient. If this is the case and you are thinking about filing a claim for disability, I encourage anyone to doctor shop until you do find someone who can both treat your medical condition and who will also support your disability claim. It is critical that you do this. This is a huge source of frustration for many SSDI/LTD claimants.

 
Old 08-06-2011, 01:43 PM   #8
Junior Member
(female)
 
Join Date: Nov 2010
Location: Southeast USA
Posts: 40
tryingtobehopef HB User
Re: new doctor said i was malingering

but what really bothers me is that at the first appointment, he said he totally understood my position when i told him of the frustration people experience with social security. i explained i needed help if i were to ever rehabilitate myself so that i could eventually someday re-enter the workforce if possible, and he again agreed. also, this was not a form he was filling out for soc. sec., it was a regular office note, which he knew they would receive. i see it as a spiteful vengeful act to retaliate for me making a fuss about the first office note being incorrect.

 
Old 08-06-2011, 01:48 PM   #9
Senior Veteran
(male)
 
Join Date: May 2010
Location: Clearwater Florida
Posts: 1,163
vann04 HB Uservann04 HB Uservann04 HB Uservann04 HB Uservann04 HB Uservann04 HB Uservann04 HB Uservann04 HB Uservann04 HB Uservann04 HB Uservann04 HB User
Re: new doctor said i was malingering

Quote:
Originally Posted by BlueSkies14 View Post
I am sorry all this is happening to you tryingtobehopef. You are right about what you said about your doctor. They are w/o question the most important piece of the disability approval puzzle when any claimant files a claim for LTD/SSDI. It is actually really simple. In order to obtain any kind of disability insurance benefits, you have to certify (prove) to the insurer that you are disabled. The only people by law who are sanctioned to do this in our society are doctors. You can have the best legal help in the world but w/o a supportive doc, you are essentially dead in the water. Some doctors simply don't like having anything to do with anything disability related to the patient. If this is the case and you are thinking about filing a claim for disability, I encourage anyone to doctor shop until you do find someone who can both treat your medical condition and who will also support your disability claim. It is critical that you do this. This is a huge source of frustration for many SSDI/LTD claimants.
All I can say is that doctors are not always right but what are we to do. They went to med school not me. I cannot self diagnosis my self . So what are we to do?

 
Old 08-06-2011, 02:40 PM   #10
Registered User
(female)
 
Join Date: Dec 2008
Location: California
Posts: 1,777
mscat40 HB Usermscat40 HB Usermscat40 HB Usermscat40 HB Usermscat40 HB Usermscat40 HB Usermscat40 HB Usermscat40 HB Usermscat40 HB Usermscat40 HB Usermscat40 HB User
Re: new doctor said i was malingering

Quote:
Originally Posted by BlueSkies14 View Post
I am sorry all this is happening to you tryingtobehopef. You are right about what you said about your doctor. They are w/o question the most important piece of the disability approval puzzle when any claimant files a claim for LTD/SSDI. It is actually really simple. In order to obtain any kind of disability insurance benefits, you have to certify (prove) to the insurer that you are disabled. The only people by law who are sanctioned to do this in our society are doctors. You can have the best legal help in the world but w/o a supportive doc, you are essentially dead in the water. Some doctors simply don't like having anything to do with anything disability related to the patient. If this is the case and you are thinking about filing a claim for disability, I encourage anyone to doctor shop until you do find someone who can both treat your medical condition and who will also support your disability claim. It is critical that you do this. This is a huge source of frustration for many SSDI/LTD claimants.
I agree with blueskies 100%. If you are in the process of trying to prove your claim of disability it is vital to have supporting Dr's. Without that then it will be impossible to win your claim. What is better is to go to a variety of DR's so at least one of them will agree with you that it is time to file for SSDI, LTD.
I did not know this when I firt applied, but had been to surgery and in patient , plus had mental health Dr's and a therapist . I did not collect my own records , just had the mailing address's of these Dr's. Everything turned out ok, and I was approved at the reconsideration. So I did something correct through the whole process. Just try and have ample medical evidence . that is the key.

 
Old 08-06-2011, 03:27 PM   #11
Senior Veteran
(male)
 
Join Date: May 2010
Location: Clearwater Florida
Posts: 1,163
vann04 HB Uservann04 HB Uservann04 HB Uservann04 HB Uservann04 HB Uservann04 HB Uservann04 HB Uservann04 HB Uservann04 HB Uservann04 HB Uservann04 HB User
Re: new doctor said i was malingering

Quote:
Originally Posted by mscat40 View Post
I agree with blueskies 100%. If you are in the process of trying to prove your claim of disability it is vital to have supporting Dr's. Without that then it will be impossible to win your claim. What is better is to go to a variety of DR's so at least one of them will agree with you that it is time to file for SSDI, LTD.
I did not know this when I firt applied, but had been to surgery and in patient , plus had mental health Dr's and a therapist . I did not collect my own records , just had the mailing address's of these Dr's. Everything turned out ok, and I was approved at the reconsideration. So I did something correct through the whole process. Just try and have ample medical evidence . that is the key.
Yep you must have up to date medical records they are the voice to the examiner of your disability

 
Old 08-06-2011, 03:43 PM   #12
Junior Member
(female)
 
Join Date: Nov 2010
Location: Southeast USA
Posts: 40
tryingtobehopef HB User
Re: new doctor said i was malingering

thanks for the replies. i am painfully all too aware of all that is needed. i have no insurance nor money. this is my second claim. the first claim went all the way to appeals council, and they denied review. this is my second claim, and the request for hearing was just sent.

On my first claim, i had a lawyer, but just one i picked off the internet who was not local, and they didn't have much contact with me at all. i also did not know what was in the medical records until after i was already denied by the alj.

on this second claim,i have a good local lawyer, and i am trying to see the medical records as they become available so that i am not surprised at the last minute like i was on my first claim. i was trying to be proactive by letting this new doctor know that there were errors on my first visit note with them, and they admitted they were wrong and said it was because of the dictation software they were using, which automatically inserted templates with normal results, etc.

i think it may have been because of my insistence on correcting the office note that may have tainted my reputation in this doctor's eyes. maybe they thought i was acting too desperate for disability, when i just wanted to catch mistakes as they happened so they could be corrected before they got to ssa. well, they sent the wrong records anyway. i even have the receipt from my first visit with this doctor, who checked off my diagnoses. when i asked the front desk to copy that for me, they hesitated at first and said it was just for their internal records. but i insisted and said i NEEDED to keep a copy of everything, and it's a good thing i did, because i have proof that their office note did not match that receipt (which they probably forgot i had a copy of). this doctor may have also been insulted that i was telling them how to do their job, but the truth is, i used to do letters like this back when i was working, and we were told that everything MUST be accurate, and we were very careful to make sure it was. maybe this doctor thought i shouldn't have insisted on accuracy since i was paying such a low fee on the sliding scale, but i have a right to be treated with respect just like everyone else.

i hope to hear from the administrator soon. i also plan to type my own statement which this doctor is REQUIRED by Hipaa law to attach to my medical record, whether they like it or not.

Last edited by tryingtobehopef; 08-06-2011 at 03:45 PM.

 
Old 08-06-2011, 05:57 PM   #13
Senior Veteran
(male)
 
Join Date: May 2010
Location: Clearwater Florida
Posts: 1,163
vann04 HB Uservann04 HB Uservann04 HB Uservann04 HB Uservann04 HB Uservann04 HB Uservann04 HB Uservann04 HB Uservann04 HB Uservann04 HB Uservann04 HB User
Re: new doctor said i was malingering

Quote:
Originally Posted by tryingtobehopef View Post
thanks for the replies. i am painfully all too aware of all that is needed. i have no insurance nor money. this is my second claim. the first claim went all the way to appeals council, and they denied review. this is my second claim, and the request for hearing was just sent.

On my first claim, i had a lawyer, but just one i picked off the internet who was not local, and they didn't have much contact with me at all. i also did not know what was in the medical records until after i was already denied by the alj.

on this second claim,i have a good local lawyer, and i am trying to see the medical records as they become available so that i am not surprised at the last minute like i was on my first claim. i was trying to be proactive by letting this new doctor know that there were errors on my first visit note with them, and they admitted they were wrong and said it was because of the dictation software they were using, which automatically inserted templates with normal results, etc.

i think it may have been because of my insistence on correcting the office note that may have tainted my reputation in this doctor's eyes. maybe they thought i was acting too desperate for disability, when i just wanted to catch mistakes as they happened so they could be corrected before they got to ssa. well, they sent the wrong records anyway. i even have the receipt from my first visit with this doctor, who checked off my diagnoses. when i asked the front desk to copy that for me, they hesitated at first and said it was just for their internal records. but i insisted and said i NEEDED to keep a copy of everything, and it's a good thing i did, because i have proof that their office note did not match that receipt (which they probably forgot i had a copy of). this doctor may have also been insulted that i was telling them how to do their job, but the truth is, i used to do letters like this back when i was working, and we were told that everything MUST be accurate, and we were very careful to make sure it was. maybe this doctor thought i shouldn't have insisted on accuracy since i was paying such a low fee on the sliding scale, but i have a right to be treated with respect just like everyone else.

i hope to hear from the administrator soon. i also plan to type my own statement which this doctor is REQUIRED by Hipaa law to attach to my medical record, whether they like it or not.
When did you request a hearing ? What state do you live in because the wait to sees judge is anywhere between 12 to 18 months depending were you live.

 
Old 08-06-2011, 06:02 PM   #14
Inactive
(male)
 
Join Date: Mar 2011
Location: USA
Posts: 2,602
BlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB User
Re: new doctor said i was malingering

Quote:
Originally Posted by vann04 View Post
Yep you must have up to date medical records they are the voice to the examiner of your disability
Vann, I know of a guy in another forum who had no long medical history of depression except for 6 months after his wife became ill. He found a good psychiatrist and in 6 months, he was approved for SSDI. He found a doctor who was not only willing to support his claim, but this doctor also wrote a long report on his behalf to SS detailing why he thought this guy was disabled from his depression. The medical records are critical also but if you find a doc who is strongly supportive of your claim and willing to strongly go to bat for you, this has incredible influence. Doctors like this are a rare find however.

 
Old 08-06-2011, 06:10 PM   #15
Inactive
(male)
 
Join Date: Mar 2011
Location: USA
Posts: 2,602
BlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB User
Re: new doctor said i was malingering

tryingtobehopef, you are trying to get approved for SSDI correct and not SSI? How much total time was spent on your 1st claim b/f you initiated your 2nd claim?

 
Closed Thread

Similar Threads
Thread Thread Starter Board Replies Last Post
I just LUV my doctor Jacki345 Disabilities 7 05-18-2011 08:25 AM
The doctor talk MagicPotion Disabilities 4 05-17-2011 05:12 PM
Is it good or bad that SSDI is not wanting me to see their doctor? Chrissy5626 Disabilities 20 03-16-2011 04:20 PM
Seeing a disability doctor inspector2006 Disabilities 2 02-13-2011 04:50 PM
Need Help With Letter From Doctor coffeecup22 Disabilities 7 10-12-2010 09:25 PM




Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off




Join Our Newsletter

Stay healthy through tips curated by our health experts.

Whoops,

There was a problem adding your email Try again

Thank You

Your email has been added








TOP THANKED CONTRIBUTORS



Whynowthis (44), youtoo1955 (29), SpineAZ (20), vann04 (17), dismama (10), magicssd (8), Titchou (8), sandiemas (7), Jacki345 (6), minnieme1982 (6)

Site Wide Totals

teteri66 (1177), MSJayhawk (1004), Apollo123 (903), Titchou (847), janewhite1 (823), Gabriel (758), ladybud (753), sammy64 (668), midwest1 (668), BlueSkies14 (610)



All times are GMT -7. The time now is 06:06 AM.



Site owned and operated by HealthBoards.comô
Terms of Use © 1998-2014 HealthBoards.comô All rights reserved.
Do not copy or redistribute in any form!