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the dreaded disability reconsideration questionnaire

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Latest post Wed, Oct 5 2016 3:14 AM by AttyMcGill. 2 replies.
  • Tue, Oct 4 2016 12:10 PM

    • HudsonP
      Consumer
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    • Joined on Sun, May 18 2014
    • VA
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    the dreaded disability reconsideration questionnaire

    I have been on federal disability since August 2013. I received the questionnaire to determine continued eligbility. I do work part time from home doing a completely different job from the one I rettired from.

    On the back of this form that I fill out, one of the questions is to state type of position and nature of duties. Below that it states that "inquiry may be made of your present employer to verify your records of employment and medical condition". My question, is that legal to inquire of my current employer to discuss an employees's medical condition? Do HIPAA regulations apply here? Should I contact my current employer that they may be receiving a call. Current employer is not aware I had to take a disability retirement as it does not affect my work there. 

    Of course on the front of this questionnaire there are 2 numbers to call with questions. Both go immediately to voice message option only. Have left numerous voice messages with no return call.

    Anyone have experience with this?

    Thank you

  • Tue, Oct 4 2016 9:01 PM In reply to

    Re: the dreaded disability reconsideration questionnaire

    HudsonP:
    On the back of this form that I fill out, one of the questions is to state type of position and nature of duties. Below that it states that "inquiry may be made of your present employer to verify your records of employment and medical condition". My question, is that legal to inquire of my current employer to discuss an employees's medical condition?

    It is if you authorize it, which is what you will be doing by providing the information and signing the form.

    HudsonP:
    Do HIPAA regulations apply here?

    Of course. Which is why you would have to authorize it.

    HudsonP:
    Should I contact my current employer that they may be receiving a call. Current employer is not aware I had to take a disability retirement as it does not affect my work there. 

    Up to you but my guess is that it would be better to be up front with your employer rather than him being surprised and wonding what else you were hiding.

    HudsonP:

    Of course on the front of this questionnaire there are 2 numbers to call with questions. Both go immediately to voice message option only. Have left numerous voice messages with no return call.

    Anyone have experience with this?

    Lots. I used to investigate disability claims. Bottom line: If you want your benefits to continue you provide the information required by the form and you authorize the investigation. Otherwise you risk having your benefits curtailed until you comply. If you ever get through to the people on the phone, you'll likely be told the same thing.

     

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Wed, Oct 5 2016 3:14 AM In reply to

    Re: the dreaded disability reconsideration questionnaire

    Adjuster Jack has stated it succinctly:  it is a circular argument -- if you do not authorize it, you will lose your annuity; only if you refuse, then HIPPA applies.  You are "voluntarily" providing the information and authorizing the inquiry to your present employer.  If you do not voluntarily comply, you will lose your Federal annuity.  There is no getting around the issue.

    Sincerely, Robert R. McGill, Esquire

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