Posted: 1/1/2007 - WORTHLESS PHYSICIAN'S' STATEMENTS

Summary:

A Physician''s Statement, Which Is Not, A "Reasoned Medical Opinion," Is Worthless For Disability Retirement.

By Harvey Friedman, Attorney at Law, Washington, DC

Most doctors have never heard of a "reasoned medical opinion." Yet, OPM requires that a Physicians' Statement be a "reasoned medical opinion."

For the moment, don't worry that you don't know what constitutes a "reasoned medical opinion." (That's the subject of another article.) Just know, that you need one to win disability retirement.

You can see the problem.

If no one knows what this thing is, a "reasoned medical opinion," how are you going figure out what you need to give OPM.

Even doctors who want to help can't because they don't know what OPM wants to see.

Often, physicians who dutifully answer all of the questions asked by OPM still don't pass muster since their answers don't amount to a "reasoned medical opinion." This is not surprising; they are doctors, not lawyers.

A "reasoned medical opinion," is a concept that has little to do with medicine and everything to do with law. Without a "reasoned medical opinion," and backup medical records, you can kiss disability retirement goodbye.

While OPM is supposed to weigh in other factors, apart from the medical documentation, they usually don't. You sink or swim depending on how well your doctors pass a test that they don't know they are taking.

OPM never defines the term "reasoned medical opinion," on its Physician's Statement form, yet, hundreds and hundreds of MSPB cases not only discuss it but make it clear that it is required.

Thus, while you might deserve disability retirement, you may not get it, because despite your doctor being well intentioned, he or she wasn't well informed.

Doctors who have the biggest problem understanding what a "reasoned medical opinion" is are those who think that it is the same as a medical statement for OWCP or Social Security.

Wrong!

Obviously, the doctor needs some help here.

Explanatory letters to doctors usually don't work since they don't read them. A telephone conversation with the doctor is far more effective, together with providing them examples of "reasoned medical opinions" from similar cases.

I end up speaking with most of my clients' doctors to assist them in turning out "reasoned medical opinions." Dealing with doctors and other health professionals, is the most difficult, the most time consuming and the most important thing that I do for my clients.



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