My doctor is trying to stop me from working however I need the medical insurance when I finally do get it. She is saying that type 1 diabetes is a disability and that I can get disability. However Social Security is saying she is wrong. Does she have the right to stop me from working and driving?
Hi Rob! I posted this comment in the chat, but will re post here as well...in case you missed it.
Rob....I would go to another doctor. Yours does not seem right to me....why would a diabetic, of any type, not be allowed to work....unless you had major complications!
Unless there are other issues, there is no reason why someone with diabetes cannot work. Unless there are other issues....I don't want to be perceived as "disabled".
There has been a lot of discussion here about diabetes as a disability, and the agreement is that it is not, especially with social security, even with complications like a lot of low blood glucose levels.
I agree with Linda, you need a new doctor.
On the driving.... that depoends on your state rules. Years ago Virginia required a letter from the doctor stating that my health was good enough to operate a car. Then they stopped doing that. If your state requires that and the doctor won't provide, then yes, she can stop you from driving.
Is there some sort of state program or perhaps some other type of insurance to which your doctor is referring? Looking at http://seniortransportation.easterseals.com/site/DocServer/NC_Physi..., it states "In North Carolina,
physicians are not required to refer their patients for driver medical evaluation. However, NorthCarolina physicians may perhaps be confronted with a legal as well as an ethical dilemma if they have expert knowledge of a patient's medical condition that may be hazardous for driving. While no North Carolina physician has yet been convicted of a criminal offense or successfully sued for failing to report a medically unfit driver, case law in other states has supported an obligation to refer medically unfit drivers for evaluation"
So there'd be some duty on the part of the doctor to report you if she noted in your log or medical history or in some other manner a situation where your management represents a hazard. It appears very low risk for the doctor but, if you drove through a crowd of people or something like that, to the extent that your medical history might be investigated, a plaintiff could perhaps work to "go after" the doctor so the doctor may be prudent and ethical by protecting others if she feels you are a risk.
This probably would not qualify you for SSDI, or federal disability benefits, since they ask different questions like "can you do anything?" At least one Supreme Court justice probably wouldn't buy an argument that you are disabled in that sense.
Diabetes is very challenging but if your doc is taking steps to get your license pulled or restricted, it may be worth taking up the challenge to get your numbers where they need to be. You may also be personally liable for any damages you cause should you injure anyone with a car while you're zonked out.
I think as well...declaring yourself "disabled" opens up a can of worms!
A huge can and once those worms get out, it's almost impossible to get them back in. "Disability" worms are the worst kind.
Are you unable to think, to walk, to do things with your hands, to follow an employer's instructions, to get to work on time, and to keep a job? You are not disabled when you can take these actions.
The last generation of people with diabetes, those who had no meters by which to gauge their blood sugars, got horrendous complications. Our generation has meters, continuous monitors, pumps, and we tap into these thereby keeping our blood sugars within a normal target range. We are not disabled. We have a chronic disease that we keep under control! Do you have a bunch of doctors in your area from which you can choose one who knows how to control diabetes? Run, do not walk, from the disability talker.
What is your A1c? Where do your blood sugars generally land 2 hours after eating? Has this doctor been working with you a long time but your blood sugars aren't getting under control? Is the doctor working to get your blood sugars under control? Do you see her or her team of helpers often enough to know how to get a handle on your blood sugars - like your fasting one, your BS before meals, your BS 2 hours after meals? - like your sensitivity number, your I:C ratio? Is all this gibberish?
What's your job? Are you put into situations where the diabetes would be in the way? Like driving/operating heavy machinery--basically situations where a low blood sugar could make you a danger to yourself and your co-workers?
If not, I agree with other people. The doctor is just covering her butt--and SS does not tend to grant disability status for diabetes without further complications.
I know a licensed commercial pilot (flying the big ones) with type 1 diabetes.
Grant you he has to test an enormous amount of times daily, and is under scrutiny,
BUT....he fought for it, and is doing what he loves....and I KNOW there is NO WAY he would consider himself disabled....to the contrary.
I don't consider myself disabled. i can things that everyone else does. My doctor is concerned though about nerve damage to the nerves that control blood pressure, but i have never had an incident where it went to high or to low.
Rob...sorry...not suggesting YOU are calling yourself disabled....but your doctor seems to have a different view. It is she/he that troubles me!
As do I maybe I should seek another PCD