What Should a Doctor Do When Asked to Provide a Disability Report

“Doctor, I need a report that says I can’t work”… The above is a request increasingly made due to the explosive growth of disability programs – federal, state and private. But does this burden fall on the treating physician – or someone else? Nearly all disability programs measure entitlement by vocational, not medical, standards, except where injury or illness is so devastating that vocational considerations are not necessary. So who is most qualified to answer the question of ability to work? In the view of nearly all Social Security administrative law judges it is the testimony of the last employer that counts the most. The last employer is in a position to describe accurately the physical requirements for a job, what alternate employment might be available and – most importantly – what restrictions were obvious if the employee attempted trial work. Sadly, few attorneys make the effort to secure cooperation from this most valuable source of information. Those who do are praised by the judges for the quality of the presentation of a claim. So how should a medical group deal with the requests for a report? A brusque refusal is not advised. Instead, the medical group should advise the patient that records and reports, properly requested, will be forwarded but that the employer has a most vital role to play. If there is an attorney, this can be cleared up by an office manager with a single phone call. If not, tell the patient to have the employer contact the agency to determine how they can assist. Will the employer cooperate? Almost always yes, and with compassion. Employers and co-workers are a little appreciated support group for a worker with extended disability. Too often they believe they have nothing to contribute except sympathy – a failure in claim preparation, nothing else. A medical group can, therefore, respond to the request for a disability report with something far more valuable than a note that in the end carries little weight – it can provide the correct answer. Attorney Theodore Ronca is a practicing lawyer from Aquebogue, NY. He is a frequent writer and speaker, and has represented employers in the areas of workers’ compensation, Social Security disability, employee disability plans and subrogation for over 30 years. Attorney Ronca can be reached at 631-722-2100. WC Cost Calculator www.ReduceYourWorkersComp.com/calculator.php REAL COST of work comp. WC 101 www.ReduceYourWorkersComp.com/workers_comp.php for the basics about workers comp. Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs. ©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact I[email protected]