For the purposes of determining whether a patient has a mental capacity to communicate with a doctor, what is the legal basis?
MultiRegion, United States of America
The following excerpt is from Drewry v. Saul, No. 2:18-cv-2241-EFB (E.D. Cal. 2019):
7. Nevertheless, if mental limitations were in dispute this reason would not be legally sufficient as it ignores that treating and assessing mental health often requires medical practitioners to rely on the patient's reports of symptoms. See Ferrando v. Comm. of Soc. Sec. Admin., 449 F. App'x 610, 612, n. 2 (9th Cir. 2011).
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