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Medical records not sent to AME....Help in CA
(02-25-2014, 02:33 PM)California_Help Wrote:
(02-25-2014, 02:29 PM)California_Help Wrote:
(02-25-2014, 04:27 AM)IIGEMINI Wrote: I could really use some help regarding my last AME report. I was sent to the same AME I've had since my case opened in 2008. He has evaluated me twice and both times wrote very favorable reports.
But the last visit I had with him he told me "who did you piss off because the IC is bringing up your urine test which tested positive for anti depressants". I told him why would that be a problem, I have a prescription from my doctor.
After that he asked me how I was feeling etc. I told him I've gotten worse from the lack of treatment because the IC refuses to authorize anything for my herniated disc. In 2008 my mri showed a 3mm herniation in my lower disc. Since then I've had an new mri in 2011, which showed that same disc NOW at 6mm. That's 100% worse!! I also had nerve tests done and it showed abnormalities in my lower extremities.
The AME showed me my 2008 MRI, and said that's all I have. I only see a 3mm bulge! He said he did not have any new medical records, tests, or mri's. I called my attorney asap and told him that the AME did not have any new information, and they told me that it was the defense attorneys job to give the AME all updated information.
I don't know what happened or who dropped the ball because the AME wrote a very unfavorable report, and went against the prior two reports he wrote.
Does anyone know who is suppose to send the AME all my information?
How can this happen, and how do I fix this huge mistake?

It is normal for the defense to send records, however your attorney can sent records as well. There is no rule that says only the defense can send records. I would ask for an appointment with your AA to discuss this. You can also send something in writing about your concerns to your attorney, either e-mail or letter and save a copy (but also ask for an appointment).

If you want to know what was sent ask your attorney's office a copy of the cover letter(s) and exhibit list(s) sent to the AME. There may be two cover letters or a joint cover letter from both attorney's. This outlines why you were being sent. The exhibit list will show what was sent.

You cannot do anything to fix this, but your attorney can. I recommend asking for those documents, and then ask for an appointment with your attorney to discuss this.

Your attorney can still send their records to the AME, and can also request a supplemental report. Many times applicant attorney's get busy and allow the defense to send everything. Either your attorney never added anything to the exhibit list, and the defense only sent what they wanted, (which would not be anything that shows your injury got worse) OR your attorney DID write on the exhibit list documents they wanted and trusted the defense to send, and oops the defense did not send them (this happens and I would never trust the defense to send my records if I were an attorney). You should find out what happened.

You can and should always bring things like MRI's to these exams on your own. They rarely send the actual MRI to the AME, and only report. After you have an MRI done always ask the facility to burn a disc right before you leave, later stop by to get the MRI report. Start getting these types of records, as you will need them.

I also think it is a good idea you ask for the cover letters sent to this doctor, as he stated "who did you piss off" and mentioned urine test. You need to find out if the defense sent any ex-parte communication to bias this doctor against you. They should not be making any statements to bias a doctor in a cover letter to an AME.

You can also ask your doctor (regular PTP not AME as you are not allowed to contact AME's office) for copies of your reports or urine screens, just to check if you received a urine screen that is not accurate. Why would that doctor bring that up? I have no idea, what happened but sometimes those urine screens are not accurate.

These are good questions to ask your attorney. That is what I recommend. Make an appointment with your attorney to discuss these issues. Tell him about the statements your AME made about "pissing someone off" and the urine test. You cannot contact the AME's office as you are represented. It is your attorney who can address your concerns. I would definitely want to get this looked into.


Messages In This Thread
RE: Medical records not sent to AME....Help in CA - IIGEMINI - 04-01-2014, 10:25 PM

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