I went to a doctor assigned by SS, After the exam I obtained the doctors notes and learned that he had written" I think he is doing this for personal gain" that means I am trying to cheat the government. I have already been diagnosed with PTSD!!! Other doctors I have seen have said that what he said in in gross violation of ethics since I was there for an exam only and not his opinion on my character??
What did his valuation say? If it said that you effectively aren't disabled, then his saying your are doing it for personal gain is another way for him to say you are not disabled. On the other hand, if his evaluation was that you are disabled, then (1) I don't know why he would say you are doing it for personal gain and (2) the SSA will probably accept that. I would say his "opinion" of your motives speaks to whether, in his professional opinion, he thinks you have a disability.
One other thing: isn't everyone that seeks social security disability doing it for personal gain? See, this is how you can use this to your benefit. Bring up the fact that you of course are doing it for personal gain, which is why the social security program was created. Might want to retain an attorney to help.
The most important fact in this scenario is the one you have left out - whether his exam led to a denial of benefits. You have to have some sort of damages in order to have a winning suit. If it didn't effect the outcome of your application, there is very little damage to you.
Even if his assessment did lead to a denial of your claims, you won't win a lawsuit unless you can prove that his diagnosis was intentionally wrong or negligent. A statement of opinion may be neither.
If it was a breach of ethics, keep in mind that ethics are not a cause of action in a court of law. Discipline for a breach of ethics is handled by the regulatory board.
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