Bladder removal - Application for disability and handicap status?
Hello, doctor.
Recently, a family member underwent partial cystectomy and nephrectomy due to bladder cancer.
After chemotherapy, residual lesions remained, and last month, they had their bladder removed at a hospital in central Taiwan, along with a stoma surgery for an external urinary bag.
They have finally completed all procedures and were discharged for recovery.
Considering there is still a chemotherapy schedule ahead, they plan to apply for government assistance.
They intend to apply for labor insurance disability benefits and a disability certificate, but the attending physician stated that it is not possible to fill out both documents simultaneously and that they can only choose one application.
Is this reasonable, doctor? Many reasons were given...
If the physician insists on not filling out the forms, are there any relevant regulations that can be enforced?
Xiao Mo, 30~39 year old female. Ask Date: 2021/09/28
Dr. Li Xinyi reply Urology
Based on the principle of non-duplication of benefits in social insurance, it is perfectly acceptable to choose to apply for one option.
Regardless of how many applications you submit, all application materials will be scrutinized transparently, and having submitted an application does not guarantee approval.
This physician has "provided many reasons," which likely indicates that they are quite patient.
You should make sure to understand what they are saying, and if you have any questions, discuss them further, as they have likely handled many cases before.
Reply Date: 2021/09/28
More Info
When it comes to applying for disability and handicap benefits following a significant medical procedure such as bladder removal due to cancer, it is essential to understand the processes involved and the rationale behind the decisions made by healthcare providers. In your case, the removal of the bladder and kidney, along with subsequent chemotherapy, undoubtedly impacts your family member's quality of life and functional abilities, which are critical factors in determining eligibility for disability benefits.
Firstly, it is crucial to recognize that different types of benefits may have distinct eligibility criteria and application processes. Disability benefits, such as those provided by labor insurance (勞保), typically require documentation that outlines the individual's ability to perform daily activities and work-related tasks. On the other hand, handicap certificates (身心障礙證明) may focus more on the long-term impact of the medical condition on the individual's overall functioning and quality of life.
Your physician's statement that they cannot fill out both forms simultaneously may stem from a few reasons. One possibility is that the physician may believe that the conditions for each application are mutually exclusive, meaning that the documentation required for one may not support the other. This could be due to the specific criteria set by the government or insurance bodies regarding what constitutes a disability versus a handicap.
However, it is essential to clarify that this does not necessarily mean that both applications cannot be pursued. In many jurisdictions, individuals can apply for both disability benefits and handicap certification, provided they meet the criteria for each. If your physician is unwilling to complete both forms, it may be beneficial to have a discussion with them to understand their reasoning better. You could ask for specific details about the criteria they believe are not met for one of the applications.
If the physician continues to refuse to assist with one of the applications, you may want to seek a second opinion from another healthcare provider who may be more familiar with the requirements for these applications. Additionally, consulting with a social worker or a case manager at the hospital can provide guidance on navigating the application process and understanding your rights.
Regarding legal regulations, many countries have laws that protect patients' rights to access benefits for which they are eligible. For instance, in the United States, the Americans with Disabilities Act (ADA) ensures that individuals with disabilities have the right to access services and benefits. If you believe that your family member is being unjustly denied the opportunity to apply for benefits, you may want to consult with a legal expert who specializes in disability rights.
In summary, while your physician's stance may seem reasonable from their perspective, it is essential to explore all available options for securing the necessary documentation for both disability and handicap benefits. Open communication with your healthcare provider, seeking additional opinions, and understanding your legal rights will empower you to advocate effectively for your family member's needs.
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