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    #1

    Got Denied

    I received my letter today from Social Security denying me, my problem is that the office where my M.S. doctor used to work told them I was improving, which is not the case. The M.S. doctor that I used to see can not see me because he signed a no compete contract when he left, can he still help me get disability?? I have a lawyer already.

    Thanks
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    #2
    Originally posted by dynoman View Post
    The M.S. doctor that I used to see can not see me because he signed a no compete contract when he left, can he still help me get disability??
    In the states where concomplete clauses are enforceable, they can specify a distance within which a departing doctor cannot practice and a time frame. The objective behind the clauses is to prevent the employing/partner doctor or facility from losing patients to the doctor who's leaving by making the departing doctor too inconvenient for the patients to see.

    However, noncompete contracts can't forbid doctors who leave from seeing former patients, because the old doctors/clinics don't "own" patients, and patients (with a few restrictions) have a right to see the doctors of their choice.

    That means, dynoman, that the noncompete contract cannot prevent your old doctor from seeing you in his new practice. If someone told you that the contract was the reason he can't see you, that person was either mistaken or not being honest. Even if your attorney specializes in disability cases, s/he should be able to research medical noncomplete clauses in your state and weigh in on how your old doctor can influence your disability claim.

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      #3
      Hi, dynoman and Redwings. Dynoman, I am not sure where you got the information that your old doctor cannot see you, but it would be worth exploring whether or not that is accurate. I would rather that you speak with your attorney regarding this issue rather than accepting the opinion of Redwings who should not be attempting to give legal advice in this forum, anyway.

      Rich
      Attorney Richard Feingold concentrates his law practice in helping disabled individuals obtain the monthly Social Security disability benefits and health insurance that they need to survive. Although based in Chicago, Illinois, Rich helps disability claimants nationwide. He has been answering posts in this forum since June 11, 2003. Twitter handle: @RichFeingold.

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        #4
        Rich, you said exactly what I said...

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          #5
          Sparky, my reply didn't address Social Security disability. It was about noncompete clauses, an area of law Rich doesn't practice and I do have some experience with. In giving my explanation, I referred the poster to his attorney. And Rich didn't disagree with me. He said exactly what I said.

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            #6
            Hi Rich

            My M.S. doctor called me and told me when he left the practice he was at he had to sign a no-compete contract and he could not see anyone that he was seeing at his former facility, could he still help me get my disability? That no-compete contract is for 2 years.

            Thanks
            Dynoman

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