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Victim of Biased IME Doctor
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Victim of Biased IME Doctor
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
I have a psychiatric disability which has been aggravated by an extremely stressful and hostile work environment that triggered a relapse of my condition. I recently went for an independent medical ev
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Victim of Biased IME Doctor
posted at 7/8/1999 10:25 AM EDT
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Posts: 28
First: 6/18/1999 Last: 11/14/2008 |
I have a psychiatric disability which has been aggravated by an extremely stressful and hostile work environment that triggered a relapse of my condition. I recently went for an independent medical evaluation at the request of my employer. The doctor is foreign and I'm not sure about his english skills. When I arrived in his office, rather than conducting a detailed clinical psychiatric evaluation, he asked only very general questions such as whether I had a problem with my supervisor, why I was off work, whether I had any problems with co-workers, etc. I was very apprehensive about providing information that had been requested by and would be sent directly to my boss and could be used against me and I told him so. No psychiatric/psychological testing was done and he did not even ask me for my psychiatric history, although I volunteered this information and told him about my severe depression to the point of having great difficulty caring for myself and suicidal ideation, particularly at work, despite undergoing drug therapy. I know that I meet the ADA criteria for disability despite the drug therapy.
After talking with me for less than an hour, the IME doc said he had all the information he needed and dismissed me without even reviewing my medical records! My husband witnessed the entire evaluation. My employer notified me that the IME recommended that I return to work immediately and is using this at best highly questionable IME report to deny my disability benefits and claim that they have no duty to accommodate me under ADA since I am not disabled. What recourse do I have? If I return to work (against my doctor's recommendation) and am unable to do the work, they are going to say that it's performance, not a disability since they paid the IME doc to say I'm not disabled. What recourse do I have? I know they want me to quit, but I'm tired of being a victim and don't just want to roll over and play dead. Employers will continue to get away with illegal practices unless the disabled fight back! What are my rights (under ADA and ERISA for disability plan)and how can I fight this? |
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Victim of Biased IME Doctor
posted at 7/8/1999 10:45 PM EDT
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Posts: 11
First: 6/13/1999 Last: 1/7/2000 |
1) Are you sure the IME did not review your records. He might have done that before or after exam?
2) What practices do you see as illegal? 3) You don't state your disability. I am curious about the background of your case. Who diagnosed your disability and were you taken off work? 4) Did employer choose IME or did disability carrier? My guess is the carried chose IME and not employer. 5) Are you sure the workplace is hostile? Sometimes someone may perceive workplace as hostile when is may not be. |
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Victim of Biased IME Doctor
posted at 7/10/1999 10:33 AM EDT
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Posts: 28
First: 6/18/1999 Last: 11/14/2008 |
1) Are you sure the IME did not review your records. He might have done that before or after exam? I am ABSOLUTELY CERTAIN this "doctor" did not review my records because he never asked me for them. After asking me a few general questions (less than 45 minutes), he simply said he had everything he needed. I also contacted my doctor, who indicated that medical records were never requested by or sent to this "doctor". By the way, his degree is from a very questionable univeristy in a middle eastern country and he is about a year away from retirement. I think he's writing bogus reports to supplement his retirement income. 2) What practices do you see as illegal? It is illegal to have your immediate boss pay an IME in order to gain information about your disability to be used against you. It is also illegal to treat me differently from other employees just because mine happens to be a psychiatric disability. I know that other employees are generally allowed to exhaust their disability benefit as long as their doctor submits appropriate documentation (my doctor did) and then offered long-term disability if they have elected it. It is also illegal to pay a "doctor" to write a fallacious report indicating "no disability" and then use this information to justify not even engaging in a discussion about accommodation. 3) You don't state your disability. I am curious about the background of your case. Who diagnosed your disability and were you taken off work? I have a chronic psychiatric disability (bipolar illness--bipolar II, rapid cycling) that results recurring episodic periods of disability despite drug therapy. My illness had been in remission for a few months, but extreme stress brought on by excessive work hours (upwards of 70), harassment by a supervisor who created a hostile work environment by, among other things, telling me that it was easy to get rid of the disabled because they couldn't do the work, intentionally setting me up (by making up lies about me and telling her boss and the general manager) and telling my co-workers I had "performance problems." My disability was diagnosed by the board-certified psychiatrist who has been treating me for the past three years. He took me off work when I reluctantly told him about suicidal impulses at work (after a particularly horrific incident) and that I was so upset when I was at work that I just sat at my desk unable to do anything except cry for hours on end. 4) Did employer choose IME or did disability carrier? My guess is the carried chose IME and not employer. My employer's disability plan is self-funded and self-administered, thus there is no disability carrier. The person who chose the IME (since I work in HR) is not just my boss, he is my immediate supervisor! 5) Are you sure the workplace is hostile? Sometimes someone may perceive workplace as hostile when is may not be. See my response to question #3 above; I could give additional examples ad nauseum. Now that you have all the answers, any suggestions? |
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Victim of Biased IME Doctor
posted at 7/10/1999 7:29 PM EDT
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Posts: 2217
First: 6/16/1999 Last: 12/13/2001 |
If you feel that you have been the victim of illegal discrimination, you should consult with legal counsel. On a person level (purely), I would stress that it is only a job and your health is the most important thing to consider. Good luck. |
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Victim of Biased IME Doctor
posted at 7/12/1999 11:38 AM EDT
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Posts: 2
First: 7/12/1999 Last: 7/16/1999 |
It's easy to say that one's health more important, but realistically, without a job, I will have no income, no health insurance (therefore, no treatment) and --eventually--no home. If I quit I can't even get unemployment in my state until I work an additional 7 weeks at another job (what a stupid rule)!
I'm finding that good jobs are few and far between and these guys are trying to ruin my career just because I'm an "inconvenient" employee and I'm sure they've been bolstered by the recent supreme court decision. I have found an attorney, but if I pursue this in court and lose, could I be forced to pay the other sides legal bills? There was a recent case at a major computer company (Compuware) where the unuccessful plaintiff is being forced to a half million dollars of the defendant's legal bills. Yikes! |
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