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    girlzeena's Avatar
    girlzeena Posts: 5, Reputation: -2
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    #1

    Mar 26, 2009, 04:23 PM
    Privacy violation
    I am a New Jersey resident for the past 12yrs. I received Disability since 2005 for bipolar disorder.
    I assigned my ticket under the Ticket to Work Program within weeks of hearing about the program. I had hoped to take an Excel course which I thought would assist me in reentering the workplace. I met with The Department of Vocational Rehabilitation (DVR)’s caseworker Margaret Barry (Barry). She asked me to sign releases to obtain information from my psychiatrist and my psychologist, which I did.
    I had listed my disabilities as Bipolar Disorder, for which I receive SSI for, and since I have a hearing challenge which had affected my ability to participate in conferences, I listed that as well. My casework Barry, wanted me to list endometrial cancer as a disability. I informed Barry at that moment that I do not receive any type of disability income because I underwent treatment for that disease. I informed her that my treatment, which rendered me sterile, did not effect by ability to work as a CPA.
    I informed her that that was not disabling to me. I did not inform Barry, but the decision to have medical treatment which would taken away my ability to have children was extremely painful.
    Barry took the liberty to include as a disability “endometrial cancer” on the release form, without my knowledge or consent.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Mar 27, 2009, 11:29 AM

    You did sign releases for this information for the person. If he chose to include the cancer into your case, that was his prerogative to do so.

    What difference does this make in your case? Probably none.
    girlzeena's Avatar
    girlzeena Posts: 5, Reputation: -2
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    #3

    Mar 27, 2009, 12:05 PM
    I contacted the Dept of Vocational Rehabilitation for assistance on finding employment. I receive disability for bipolar disorder and bipolar disorder only. I had been working with this department in NJ for several months when I was disagnosed with an episode of cancer. I did not receive additional disability income because of it. It was a tramuatic stressful experince for me as I was going to lose the ability to give birth. I went into the hospital for treatment and did so without informing family or friends because the loss was that strong of prematurely losing the ability to bear children. I did mention it to my caseworker as I could not take certain appointments she requested of me as I was in radiation treatment. I specifically told her that the cancer has not disabled me. Does not effect my ability to work as a CPA it onlys effects my ability to have children. I decline her request several times and refused to sign the release. She took the liberty to fill that in, it is obviously not my hand writing. The medical reports issued by my surgeon, which he dictated, describes me as "well-endowed and well nourished" he further describes my breasts as "pendulant" with "erect nipples" he refers to my stomach as "obese". I was shocked at this imagery and by the fact that he would immortalize information about me in medical records when he did not operate on my breasts or nipples. Well-endowed also seemed like lockerroom banter. This information is in my caseworker's hands... images that I don't want to have personally, let alone Social Services of the State of NJ.

    This has severally tramuatized me. This should not have been disseminated. I signed releases strictly for bipolar related illness.
    girlzeena's Avatar
    girlzeena Posts: 5, Reputation: -2
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    #4

    Mar 27, 2009, 12:10 PM
    I contacted the Dept of Vocational Rehabilitation for assistance on finding employment. I receive disability for bipolar disorder and bipolar disorder only. I had been working with this department in NJ for several months when I was disagnosed with an episode of cancer. I did not receive additional disability income because of it. It was a tramuatic stressful experince for me as I was going to lose the ability to give birth. I went into the hospital for treatment and did so without informing family or friends because the loss was that strong of prematurely losing the ability to bear children. I did mention it to my caseworker as I could not take certain appointments she requested of me as I was in radiation treatment. I specifically told her that the cancer has not disabled me. Does not effect my ability to work as a CPA it onlys effects my ability to have children. I decline her request several times and refused to sign the release. She took the liberty to fill that in, it is obviously not my hand writing. The medical reports issued by my surgeon, which he dictated, describes me as "well-endowed and well nourished" he further describes my breasts as "pendulant" with "erect nipples" he refers to my stomach as "obese". I was shocked at this imagery and by the fact that he would immortalize information about me in medical records when he did not operate on my breasts or nipples. Well-endowed also seemed like lockerroom banter. This information is in my caseworker's hands... images that I don't want to have personally, let alone Social Services of the State of NJ.

    This has severally tramuatized me. This should not have been disseminated. I signed releases strictly for bipolar related illness.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Mar 27, 2009, 12:30 PM

    The physical description of you is in no way unusual - you apparently have never read thorough medical reports and/or charts.

    From another angle - you can only sue for damages, not for hurt feelings, not for anything else. What are your actual monetary damages here?

    I also personally think that when you go through a State Agency they have a responsibility to disclose the full state of your health to prospective employers.
    girlzeena's Avatar
    girlzeena Posts: 5, Reputation: -2
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    #6

    Mar 27, 2009, 01:13 PM
    Thank you JudyKayTee for responding to my question. I don't think you understood it. I am not attempting to sue for hurt feelings, I am wondering if it is reasonable to file a complaint for professional misconduct against the social worker that filled out forms despite my requests to the contrary. Additionally, you stated that all information concerning one's health should be disclosed to employer's, then ask why I provided you with all details concerning my question. You have not read The American Disabilities Act in your practice. Please do so. It states what employer's can ask about one's disabilities.. they are limited. Disabilities should not be disclosed to employers in re certain guidelines. And you are correct, I have not read medical records or charts, my profession as a CPA does not require that I do so. I did obtain advice from a physician website and a medical expert, a doctor, responded that in general comments are made about a patient's surgery, and "fluff" information, that bears no basis to the surgery is in poor form. I suspect that your legal degree earned through correspondence school is highly suspect.
    Please read what you write before hitting the send button.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Mar 27, 2009, 01:22 PM

    If you've done your own research and the social worker's conduct was unwarranted according to what you've read and learned, then file a complaint against her. It's no more complicated than that. Nowhere do I read in your original post that you are asking about filing a professional complaint. I DO notice you give her name and employment and would assume if this comes to her attention she is going to have some sort of "unhappiness" with you - particularly if the facts are not 100% as you have presented them.

    I do notice you resort to personal insults and I would assume that is reflected in your unemployed status.

    If you want legal advice which is binding then you are going to have to contact an Attorney, asking a question which is clear.
    girlzeena's Avatar
    girlzeena Posts: 5, Reputation: -2
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    #8

    Mar 27, 2009, 01:31 PM

    Thankfully, you are not my legal advisor, I would have chosen better. I am of the opinion that you heap insults due to your inferior legal training. I am gainfully employed, thank you, from my own efforts, my stellar education and credentials. It was my mistake thinking I could get credible information from this site. Proof positive is JayKayTee.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #9

    Mar 28, 2009, 07:49 AM

    What is incorrect about my legal advice?

    It's interesting to note that your stellar education and credentials - which require you to go to a State Agency to obtain continuing education and/or employment - didn't clue you in to signing a LIMITED release, minimally writing in which records you wanted released, which dates, and then drawing a line through the rest of the page.

    My advice was: you have no grounds to sue. If you feel you were betrayed by this woman and she acted outside the scope of her job, report her.

    Why don't you tell us what you would LIKE to hear and we'll give it a shot - ?

    Your question was asked (and not very clearly) and answered - more than once.

    Also - your stellar education and credentials apparently didn't help you in getting my name straight.
    RNgirl's Avatar
    RNgirl Posts: 1, Reputation: 1
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    #10

    Feb 13, 2011, 09:48 AM
    Hi there,
    I just wanted to comment on the medical record part of your question. It is indeed appropriate for the medical staff to list appearance of the reproductive system since you underwent extensive surgery for the endometrial cancer. The reason being is 1) the appearance of the breast can hold signs about hormone regulation that could be related to the uterus. 2) nipple erectness is important as well. If one nipple erect and the other inverted could possibly mean a cranial nerve issue or nerve stimulus issue. 3) the size of the abdomen is significantly important due to the fact you were undergoing surgery. A layer or substantial layer of adipose tissue can give medical staff information to how well you will heal from surgery. To be able to properly heal from surgery you need albumin which is protein if you have sign of hefty weight from the layers of adipose tissue then it let's all medical staff know that your nutrition is not stellar and therefore you could have possible healing complications.

    I hope this is helps better understand the medical record portion. It is state law that these observations be noted with in your medical chart. I am not sure whom you consulted thus far regarding the 'fluff' but it is indeed required and should be with in your medical records.

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