“Doctor, I need a report that says I can’t work.”
The above is a request increasingly made due to the explosive growth of federal, state and private disability programs. Where 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 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 the testimony of the last employer counts the most, because 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.
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 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 medical group 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 an extended disability. Too often they believe they have nothing to contribute except sympathy – a failure in claim preparation, nothing else. (workersxzcompxzkit)
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.
Author: 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.
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