BiPolar Discriminated when seeking LapBand

[PamiToni]

I guess I'll keep playing the lottery, then if I win spend it all on the people who have trampled on my rights AND my sub-standard of living.

If you spend all your money on the lottery then you won't have money for food.

 

[ellencee]

pcgumshoe

http://www.usdoj.gov/crt/ada/adahom1.htm

The above referenced site has all of the information you seek available on line in "booklet" form. It has a Q & A section and a "contact us with your question" section.

Read the information from the ADA and come back and tell us where and what the ADA states that makes you think you are entitled to elective surgery by the surgeon of your choice.

(hint: there is no provision in the ADA that gives you or any other person the right to have elective surgery, much less by the surgeon of you choice.)

EC

 

[pcgumshoe]

Covered entities must not:

* Establish eligibility criteria for receipt of services or participation in programs or activities that screen out or tend to screen out individuals with disabilities, unless such criteria are necessary to meet the objectives of the program.

I was screened out because of how I "interacted" with staff which is a DIRECT result of my disability as evidenced by my psychological report, my communications with the social worker and the psychiatrist.

My therapist (who I talk with 3 x a week) said, "I think you have fully considered this surgery and are emotionally ready to have it and that you will follow instructions for after care."

I have a recording of my voice mail messages to them, my conversation with the care coordinator AND her supervisor. There is clear evidence in these communications that the ONLY reason why I was "disqualified" after I was "qualified" was my, for lack of a better word, "attitude." My attitude is an integral part of my psychological condition. Again, as my psychological evaluations have ALWAYS concluded: "As a result, they often seem nervous and tend to be somewhat moody and resentful. At times, they may be friendly and cooperative, but anger and dissatisfaction soon color most of their relationships."

I'm sure I could read more and work on the accommodation aspect that also applies to hospitals, but in the legal environment, usually is applied to work.

 

[Zigner]

Tell you what...stamp your feet and hold your breath until they let you have the surgery.
Really no sweat off of our back.
In any case, you have received your legally accurate advice, whether you like it or not...

 

[pcgumshoe]

In response to the question, "What 'right' do you have to this surgery?"

http://www.medicare.gov/Publications/Pubs/pdf/10112.pdf

Medicare rights brochure, "In addition to the rights listed in Section 2, if you are in the Original Medicare Plan, you have the following rights and protections:
1. Access to doctors, specialists (including women’s health
specialists), and hospitals
You can see any doctor or specialist, or go to Medicare-certified hospitals
that participate in Medicare."

If I had access to Westlaw or Nexus/Lexus, I'd do my own searches to find cases similar to mine.

 

[pcgumshoe]

Sorry, this was a quote:

Covered entities must not:

* Establish eligibility criteria for receipt of services or participation in programs or activities that screen out or tend to screen out individuals with disabilities, unless such criteria are necessary to meet the objectives of the program.

I think that about covers it, and I won't stamp my feet if you can't understand what I am saying, maybe I'm not speaking your language, but there is discrimination, lack of accommodation and/or abandonment here.

 

[ajs09876]

Ok

This is what OP wrote:

establish eligibility criteria for receipt of services or participation in programs or activities that screen out or tend to screen out individuals with disabilities, unless such criteria are necessary to meet the objectives of the program.
]

And the Tranquility wrote

There is substantial follow-up care where the patient needed close interaction with a number of health professionals to have success with the surgery

And OP said herself the evaluation had these notes:

"In these individuals' cases, the detachment from others is accompanied by conflicts that they experience in social situations. These MCMI scale scores indicate that they feel somewhat inadequate and often wish that someone would provide nurturance, shelter and guidance. They fear, however, that when others get to know them, they will reject them. As a result, they often seem nervous and tend to be somewhat moody and resentful. At times, they may be friendly and cooperative, but anger and dissatisfaction soon color most of their relationships."

You are going to need a lot of aftercare with the people that you can't interact with. I understand you have a disability, but that doesn't mean that the doctor's of an elective surgery have to put up with your 126 IQ and calling them stupid. I think that the criteria of being able to get along with your aftercare doctors would be considered "necessary to meet the objectives of the program"

 

[Zigner]

Sorry, this was a quote:



I think that about covers it, and I won't stamp my feet if you can't understand what I am saying, maybe I'm not speaking your language, but there is discrimination, lack of accommodation and/or abandonment here.

And, don't forget, a huge sense of entitlement...

 

[pcgumshoe]

you missed one AJS:

"I think you have fully considered this surgery and are emotionally ready to have it and that you will follow instructions for after care."

The doctor requested I speak with their psychiatrist. Their psychiatrist asked my therapist, and that is what she said.

So the issue of "after-care" is a moot one.

This isn't "bypass" it is "lapband." My doctor and I had nothing but a congenial relationship, i had a problem with the menial employee earning $6 to $8 an hour. She got her feathers in a ruffle because I exhibited my disability to her, maybe if I was wasting the doctors time with my trivial questions, he would have handled it professionally and said, "That's just his handicap."

And Zigner (or should it be Zinger) is exhibiting HIS handicap, sarcasm. Noted.

It may seem like a "funny" thing to some of you because I'm FAT and I'm Mentally Disabled, but this type of stuff happens to me a lot and YES I know it is my own fault, but I was born this way, I didn't ask for it and THAT is what the ADA and Title 504 attempt to alleviate, the suffering and create an even playing field.

If I wasn't disabled, we wouldn't be having this discussion because I would be having this procedure.

 

[Zigner]

If I wasn't disabled, we wouldn't be having this discussion because I would be having this procedure.

I take exception to that. According to you, you are obese because of your disability. So, per your logic, if you didn't have the disability, you would NOT be having the procedure.

I'm done

 

[seniorjudge]

Sorry, this was a quote:



I think that about covers it, and I won't stamp my feet if you can't understand what I am saying, maybe I'm not speaking your language, but there is discrimination, lack of accommodation and/or abandonment here.

You're right.

There is discrimination, accommodation and/or abandonment.

But none of it is illegal.

You have no case.

Period.

End of story.

Even if.

 

[ellencee]

You're right.

There is discrimination, accommodation and/or abandonment.

But none of it is illegal.

You have no case.

Period.

End of story.

Even if.

We've been through this before: trying to reason with a person with bipolar disorder who cannot reason or cannot see another point of view.

We're not gonna win this one.

EC

 

[cbg]

Gotta say, since my IQ tests at considerably higher than 126, I'm not overly impressed by the poster's estimation of other people's intelligence.

But maybe that's why I understand why she doesn't have a legal "right" to the surgery, and she doesn't understand it.

 

[pcgumshoe]

Gotta say, since my IQ tests at considerably higher than 126, I'm not overly impressed by the poster's estimation of other people's intelligence.

But maybe that's why I understand why she doesn't have a legal "right" to the surgery, and she doesn't understand it.

Boy, smarter and sexist!

If your IQ is higher, that means you TOO are in the upper 5% congrats on that.

BTW, I'm male.

Oh, and if I could take it all back, I would. Including this post. I've never met such negative, unsupportive people. But I guess every time I open my mouth and mention anything about mental illness, IQ, or an under-explored legal concept, I'm going to get dumped on.

ou're right.

There is discrimination, accommodation and/or abandonment.

But none of it is illegal.

See, that's something I can't get past either. The law says they can't do any of those things to me, yet I have no case. Hmmm... I guess you all must not be as imaginative as me, oh wait, I'm the crazy one... forget that.

 

[seniorjudge]

...
The law says they can't do any of those things to me, yet I have no case.
....

The law does NOT say they can't do any of those things to you and that is why you have no case.