[Zevan]

I paid my Dr. to testify for me at my ALJ hearing; however, he changed the date of when I last saw him by five years. My attorney said he spoke with him before the hearing & the last date was already discussed. The doctor is lying now claiming I stopped seeing him five years earlier.
This certainly didn't help my case & contributed to me getting an unfavorable decision. I was floored when my attorney said he should have cross examined the Dr. regarding this. Why didn't he? I can't get another attorney, another one won't take it at this point. What can I do especially with the Dr. lying?
I saw the Dr. with my ex boyfriend so I asked my attorney if he could be a witness of the correct date? My attorney said no he couldn't because he has a vested interest. How would my ex boyfriend who is married to someone else have a vested interest? He wouldn't get any part of my settlement. How can the Dr. get away with this by taking my money then deliberately changing what he and my lawyer agreed would be done?

[LIT LOVE]

Originally Posted by Zevan

I paid my Dr. to testify for me at my ALJ hearing; however, he changed the date of when I last saw him by five years. My attorney said he spoke with him before the hearing & the last date was already discussed. The doctor is lying now claiming I stopped seeing him five years earlier.
This certainly didn't help my case & contributed to me getting an unfavorable decision. I was floored when my attorney said he should have cross examined the Dr. regarding this. Why didn't he? I can't get another attorney, another one won't take it at this point. What can I do especially with the Dr. lying?
I saw the Dr. with my ex boyfriend so I asked my attorney if he could be a witness of the correct date? My attorney said no he couldn't because he has a vested interest. How would my ex boyfriend who is married to someone else have a vested interest? He wouldn't get any part of my settlement. How can the Dr. get away with this by taking my money then deliberately changing what he and my lawyer agreed would be done?

No, you paid him to testify, not to testify for you. That would be unethical. A doc and attorney should not agree what will be said ahead of time. They can discuss the case, but what you're talking about sounds like paid testimony... Is this a doc your attorney sent you to, that he has an ongoing relationship with?

How often did you see him for appointments? Are you only talking about 1 appointment? And the time between appointments was 5 years?

Did you personally discuss his opinion of your disability status before the court date and if so, did he say he would be supportive?

Did you subpoena the doc? Most won't attend unless you do and it can **** them off. It's considered a waste of their time when a letter will suffice. How much was the fee for him to appear?

Did you attend the hearing? Yes your attorney should have caught it, but where were you?

How did you pay the doctor for office visit/s? Was any portion covered by insurance? By check, cash, cc? Follow the paper trail to provide documentation.

Has he prescribed any medication? A pharmacy will printout a copy of your filled scripts including prescribing doctor and dates.

Did he send you for any tests? Again paper trail... Not to mention his office has to give you copies of your med records going back 7 years, but they will charge you for it.

What did the Vocational Counselor say about your ability to work? They play a significant factor in the process.

How many new attorneys have you spoken with that have refused your case?

You're focusing (perhaps obsessing?) on details you THINK caused the denial, but what does the decision say?

What are you claiming as your disability?

[echoes long ago]

Zevan that is excellant advice from Lit Love and the paper trail regarding your treatment will be very important for you in going to federal court and could well make the difference between a successful or unsuccessful case. i dont know what area you live in but there are lawyers that will take a case to federal court. even if the lawyer is out of your immediate area you can still hire them to take your case to federal court. dont let the time you have to appeal lapse. best of everything for you.

[Jomar]

I totally agree with the paper trail as documentation & proof of timeline visits to that dr.
any Rx's by him - ins paid/ billing for him,

Do you think he actually lied?? or just a typo or mistake in his records?
I guess I would call and ask about that part...

Seems like some sort of appeal or such would come into play after you get the paperwork/proof.

[Zevan]

Yes, I do feel he deliberately lied. Not only did I talk to him regarding when I saw him, but my attorney spoke with him about it too. It's a conflict of interest issue that made the Dr. do this. He is my ex's friend. He took my money and then decided to lie to help me lose my case. I'm not saying this is the only thing that made me lose but it the most major thing.

I think I should go see a personal injury attorney regarding the damage done to me. There was no reason to do this but to be vindictive.

[LIT LOVE]

Originally Posted by Zevan

Yes, I do feel he deliberately lied. Not only did I talk to him regarding when I saw him, but my attorney spoke with him about it too. It's a conflict of interest issue that made the Dr. do this. He is my ex's friend. He took my money and then decided to lie to help me lose my case. I'm not saying this is the only thing that made me lose but it the most major thing.

I think I should go see a personal injury attorney regarding the damage done to me. There was no reason to do this but to be vindictive.

If you feel the doc lied in order to hurt your case, on behalf of your ex, why would you now want your ex to provide testimony on your behalf? (You asked in the other thread why your ex couldn't be used as a witness for the dates you saw the doc...)

Errors about dates happen ALL THE TIME. If you think it'll be hard to find a lawyer to file an appeal, you'll find it much more difficult to find one to pursue a claim against your doc.