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Independent Psychiatric Evaluation--Can they force me to go back to work?
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Independent Psychiatric Evaluation--Can they force me to go back to work?
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
I have been on short-term disability leave from my job for about a month. I have bipolar illness and my employer created an environment so hostile and intimmidating that I was having suicidal impulses
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Independent Psychiatric Evaluation--Can they force me to go back to work?
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Independent Psychiatric Evaluation--Can they force me to go back to work?
posted at 6/18/1999 8:57 AM EDT
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Posts: 28
First: 6/18/1999 Last: 11/14/2008 |
I have been on short-term disability leave from my job for about a month. I have bipolar illness and my employer created an environment so hostile and intimmidating that I was having suicidal impulses at work and was forced to go on medical leave.
I am still extremely depressed to the point that I can't function in any job-related way and my psychiatrist wants to put me on indefinite medical leave. My employer, who has a policy of keeping employees on STD for up to six months, has asked for an "independent psychiatric evaluation" from a psychiatrist whom they are paying. Given the fact that I have panic attacks and suicidal impulses whenever I even THINK about going back to that horrible place, would ANY competent Psychiatrist send me back to work? Does the Psychiatrist have any liability if they force me to go back to work based on his determination and I make a suicide attempt (or actually succeed)? What can I do to protect my rights. I don't want to see their psychiatrist alone; I at least want my husband to accompany me so I can have a witness. The company's STD plan is self-funded and self-administered and I KNOW that they have kept other employees on STD who didn't even have doctors notes for weeks at a time! The STD plan document makes no mention that they treat psychiatric disabilities any differently than physical disabilities. Please help. I am at a loss and in a panic! |
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Independent Psychiatric Evaluation--Can they force me to go back to work?
posted at 6/20/1999 6:15 PM EDT
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Posts: 2217
First: 6/16/1999 Last: 12/13/2001 |
Under most circumstances, an employer has the right to require an employee to submit to an independent medical evaluation. It does not sound as if this employer is doing anything out of the ordinary on that score. (Unfortunately, there are too many cases involving people who were perfectly fine but who faked mental illness just to evade responsibility for their actions and/or drive up the "damages" in a lawsuit.)
I think it would be a good idea to have your treating medical provider contact the person who will conduct the independent medical evaluation to discuss some of your needs. I have often opposed having anyone else present during the IME as the very presence of the individual can influence the discussion and/or evaluation, but maybe your employer and/ the IME would have a different view. Keep in mind, no one can "make" you go back to work. As difficult as this might sound (and I do not mean to be heartless), it is only a job -- your health and peice of mind should be your top priority for your own sake and the sake of your family. If the IME says you are not disabled, then that only means the employee will not pay you to stay off of work. |
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Independent Psychiatric Evaluation--Can they force me to go back to work?
posted at 6/21/1999 12:11 AM EDT
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Posts: 946
First: 6/14/1999 Last: 12/14/2005 |
I guess your employer is questioning whether or not you are disabled. It sounds like under no condition will you return to that company? So, are you hoping that the Independent Medical Examiner confirms your own doctor's opinion that you are totally disabled and not able to work? That's a pretty important "fact" to want simply because you dislike your current employer. If you should wind up going back to the company, you may want to request reasonable accommodation under ADA, depending on what the particular problem you're encountering that prevents you from performing the essential duties of your job. This may help alleviate any "maltreatment" you are receiving from your employer. |
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Independent Psychiatric Evaluation--Can they force me to go back to work?
posted at 6/22/1999 9:22 AM EDT
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Posts: 28
First: 6/18/1999 Last: 11/14/2008 |
I realize that they can't "make" me go back to work, but I have a mental illness that is exacerbated by stress (of which this job produces plenty). They have already given me a disciplinary letter warning me about my performance and that I'm not doing the job. It's not that I don't want to do the job, it's that my illness makes it impossible for me to work under such stressful conditions.
Why should I allow them to have it both ways--they are saying that I'm not doing the job yet claiming that I'm not disabled. All their complaints about me relate directly to my disability--i.e. attendance due to time off for dr. appointments or when I'm not feeling well; inability to follow though and complete tasks due to mood swings and inability to concentrate; inability to get along with others due to manic mood swings when under great stress. They can't have it both ways and say that I'm not doing the job, yet I'm not disabled. I'm depressed and stressed but I'm not willing to roll over and play dead yet. Also, I am not willing to be examined alone unless I can have a tape recording of the interview because I have heard of these doctors asking all kinds of inappropriate questions and I want my husband as a witness. Perhaps I'm a bit paranoid, but that's a part of my illness. If the doctor is above board, and I want my husband there, there should be no problem with having my husband there during the IME. I want this for my own protection so that the doctor can't lie about what was said during the examination. Is this an unreasonable request? I only want the benefits that I am legitimately entitled to as a result of my disability, nothing more or less. It has been suggested to me that I file a workers' compensation claim Thanks. |
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Independent Psychiatric Evaluation--Can they force me to go back to work?
posted at 6/24/1999 6:13 PM EDT
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Posts: 2217
First: 6/16/1999 Last: 12/13/2001 |
Well, let me respond to that last bit about the witness. I actually think you answered your own question, if you think about it. You wrote: "I am not willing to be examined alone unless I can have a tape recording of the interview because I have heard of these doctors asking all kinds of inappropriate questions and I want my husband as a witness. Perhaps I'm a bit paranoid, but that's a part of my illness."
You are correct. Some mental illnesses carry with them feelings of paranoia, and SOME DO NOT. How does a medical profession know which mental illness he or she is dealing with if the patient can take steps to eliminate the symptom of paranoia which lets the medical professional tell which illness the patient has? Get it? If the only way to tell a "wiget" from a "flam" (made up terms) was to watch what it did in a room with only one other person there, if you always had TWO PEOPLE in the room, you could never tell whether you had a "widget" or a "flam." |
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