FOID (Firearm Owners Identification Card) forensic psychological evaluation is usually requested when the persons application for the firearm card was denied due to prior psychiatric inpatient treatment. He is familiar with the types of evaluations necessary for court proceedings and appeal board hearings. For the purpose of reporting to DHS under the FOID Act, a mental health facility includes any licensed private hospital or hospital affiliate, institution, facility or part thereof, which provides treatment of persons with mental illness. H2TH2P0P326E\i\z )cI$UI[JY/"2s'm {GoxF8w/1/qtU^nLL1]hM7)KY@rO?Naoi/n'_@h7^!yooQ[v+TE# l4u xB-dzGs/z%9)KHjl UR9/lN.TXJKO3~)5^e?wLNw? H23754VH2P0P326E\i\z The Act was enacted for the purpose of restricting such individuals from possessing firearms. endstream
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Mental Health Certification For Firearm Possession (Mental Health Admission >5 years ago) Pursuant to: 430 ILCS 65/4(a)(2)(iv) and 430 ILCS 65/8(u) (ISP 2-606 5/18/15) Evaluator should mark ONE box. H2TH2P0P326E\i\z H4 Midwest Behavioral Risk Management, P.C. NO, (1) communicates a serious threat of physical violence against a reasonably identifiable victim or poses a clear and imminent risk of serious physical injury to himself, herself, or another person as determined by a physician, clinical psychologist, or qualified examiner; or, (2) demonstrates threatening physical or verbal behavior, such as violent, suicidal, or assaultive threats, actions, or other behavior, as determined by a physician, clinical psychologist, qualified examiner, school administrator, or law enforcement official. Regarding individuals who have been adjudicated mentally disabled, voluntarily admitted to a psychiatric unit, determined to be a "clear and present danger" or determined developmentally / intellectually disabled, DHS FOID Mental Health Reporting System Qualified Examiners Users Manual, Clear and Present Danger means a person who: (1) communicates a serious threat of physical violence against a reasonably identifiable victim or poses a clear and imminent risk of serious physical injury to himself, herself, or another person, as determine by a physician, clinical psychologist, or qualified examiner; or (2) demonstrates threatening physical or verbal behavior, such as violent, suicidal, or assaultive threats, actions or other behavior, as determined by a physician, clinical psychologist, qualified examiner, school administrator, or law enforcement official. 430 ILCS 65/1.1, Clear and Present Danger Request for Law Enforcement and School Officials, Clear and Present Danger Emergency Rule Change, eff. performed a mental health evaluation of the petitioner prior to completing the form. performed a mental health evaluation of the petitioner prior to completing the form. l2Isr**`\y@cB]Bt
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Retain a lawyer. Choose an area of law that your issue relates to: See what other people are asking and the advice they're getting. ILLINOIS FIREARM OWNER'S IDENTIFICATION CARD EVALUATION. endstream
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H2TH2P0P326E\i\z Better understand your legal issue by reading guides written by real lawyers. If you hire a forensic psychiatrist, youre going to be paying someone several hundred dollars an hour to do this, and they will likely request payment upfront in the form of a retainer, which they will bill off of. IDHS Announces New FOID Mental Health Reporting , Revoked FOID / mental health Illinois Carry, FOID Card Act Changes and Mandated Hospital Reporting, Psychological Assessment | Village of Hoffman Estates, Apparently I can be denied my FOID card for being in a mental , Firearm Owner Identification (FOID) Program Reporting . and Joseph Chien, D.O. l2Isr**`\y@cB]Bt
LL,L)pY>\y We conduct psychological evaluations to address the following: Mental Health - Voluntary Mental Health Admission Less than Five Years Ago Mental Health - Voluntary Mental Health Admission More Than Five Years Ago Mental Health - Involuntary Mental Health Admission Clear and Present Danger He has served in a variety of capacities in the regulation of the mental health profession in Illinois. There is an appeals process, but I suspect that in the best of times, processing appeals is not the highest priority. If your psychiatrist wants any advice, please feel free to refer them to this website. H23754VH2P0P326E\i\z But, too late for you. My FOID application was recently denied. IDHS then cross-references persons to the ISP FOID database for matches, which are then reported to the Illinois State Police. The disability must originate before the age of 18 years, be expected to continue indefinitely and constitute a substantial handicap. endstream
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Your version needs scrubbed. ISP is then responsible for investigating and processing or rejecting the application for the FOID card. In the few cases I have done, Ive had people swear they only had one brief course of treatment, but once you get those records, if it refers to treatment or evaluation by another mental health provider, you then have to chase down and review those records too. endstream
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I would recommend that you have the psychiatrist currently treating you to fill out the appeals paperwork, because they should know all this to be optimally treating you. You will also need to pay the application fee as well. @D)6hg#,v&"?axOBxh8@(lClzH0. Mental health facilities must report to DHS within seven days after admission as an inpatient all persons who are prohibited from obtaining a FOID card, which includes the following: a person who has been a patient of a mental health facility within the past five years, a person who had been a patient in a mental health facility more than five years ago who has not received the certification required under Section 8(u) of the FOID Act, a person who is a clear and present danger to himself or herself, any other person or persons or the community, a person who is intellectually disabled, a person who has been adjudicated as a mentally disabled person, a person who has been found to be developmentally disabled, a person involuntarily admitted into a mental health facility. HW7/$k+t#qXcn^cIe_p!~e>z'|?/V/[
^Re My answers to this question are informal and partial due to the insufficient nature of the information exchanged. a legal resource for mental health providers, Firearm Owners Identification (FOID) Mental Health Reporting System, FOID Appeal Requirements (Intellectually or Developmentally Disabled, Appeal of Revocation /Denial / Suspension of Concealed Carry License / Application, Public Act 095-0564 which amended the FOID Card Act, Firearms Restraining Order Act (430 ILCS 67/), Firearm Owners Identification Card Act (430-ILCS 65/). However, the Confidentiality Act allows them to report patients who pose a clear and present danger or are determined to be developmentally disabled to the professionals employer, who then must report to DHS, within 24 hours of the determination. %PDF-1.7
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Mental health facilities must report to DHS within seven days after admission as an inpatient all persons who are prohibited from obtaining a FOID card, which includes the following: a person who has been a patient of a mental health facility within the past five years. Are LPCs mandated? 5 0 obj ajSc{.+A;-9M!~*Y!q]HOCx^\
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However, you should consider that you might be asking your treating psychiatrist to do a LOT of extra work, that might not completely fall under actual treatment and is time that probably wont be covered by your health insurance. )
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The physician, clinical psychologist or qualified examiner must have completed a mental health evaluation the petitioner of and must have r eviewed all collateral information supplied by the applicant and others prior to any assessment. Additionally, you will need a headshot photo taken within the last 30 days that is clear, centered, and your face is not obscured in any fashion. Attorneys representing physicians, hospitals, therapists and other medical and mental health practitioners must be aware of the requirements under the Act to properly advise their clients as to how to satisfy their duty to report. The letter I received states that even though my treatment was more than 5 years ago, I have to have a . Do not . Contact UsPhone: +1 (815) 787-0515Email: myimhca@gmail.com. Search for lawyers by reviews and ratings. You will need: A valid Illinois driver's license or identification card number, A photograph showing your head and shoulders that was taken in the last 30 days (like a passport photo), and A $10.00 fee. Mental Health - Voluntary Mental Health Admission More Than Five Years Ago. The Illinois DHS FOID Mental Health Reporting System website provides qualified examiners and facilities with 24-hour and immediate access to report an individual that is receiving mental health treatment or is determined to be a clear and present danger, developmentally disabled or intellectually disabled. is an independent forensic-clinical psychology practice providing specialized evaluation and consultation services. Certification of Evaluator . 284 0 obj
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ISBA Members, please login to join this section. Dr. Kessler will discuss these with you and together you will determine if it is appropriate to continue with the evaluation process. Instructions: 1. Years licensed, work experience, education. <> %%EOF
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Md[%bd?32{ySRa 7$8:l+}_gd7`w|8fc|-(7|%Z/ Bc/CK0|e=%5 He has testified in circuit court cases as well as federal court cases. If you have been denied a FOID card, your appeal depends in part on the type and quality of psychological evaluation you submit as part of your appeal. H4 endstream
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Do Not Sell or Share My Personal Information. Developmentally disabled means a disability which is attributable to any other condition which results in impairment similar to that caused by an intellectual disability and which requires services similar to those required by intellectually disabled persons. Best get a lawyer that understands this stuff and can compile the evidence. Midwest Behavioral Risk Management, P.C. )
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H4 Post a free question on our public forum. /}m]Zj6OW.1]vN{f`a::O& l1%\@O* sxunN? I think the statute assumes that a person has continuously been in some treatment and that the current treating psychiatrist has already had access to all the records, which would of course be ideal, but it just doesnt always work out that way. We conduct psychological evaluations to address the following: 2013. His clients include hospitals, outpatient mental health clinics, and mental health professionals. endstream
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The identity of the reporter will not be disclosed to the subject of the report, i.e., the patient. LCPCs report under Illinois Department of Human Services. Find the best ones near you. l2Is S
Midwest Behavioral Risk Management, P.C. .j+M3N-`]@m is an independent forensic-clinical psychology practice providing specialized evaluation and consultation services. healthmdsearch.com is a search engine, the content on the site has been added by users and is not controlled by us. Avvo has 97% of all lawyers in the US. !Y\!\\ #
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:,>^>A^dh gzhDXb/:hd\r7) o4u$=_NlZe9oW[i8Tw+y'[47?ubZ I was sleep deprived for over 48 hours, and suffering terrible headaches from a skull fracture. In order to make me your lawyer you have to hire me, in writing. 2. %PDF-1.4 Appeals fall into two general categories - those where fewer than 5 years have passed since the hospitalization or mental health prohibitor and those where more than 5 years have passed since the hospitalization or mental health prohibitor. No attorney client relationship has been formed until you sign a representation agreement. Evaluation costs typically run between $800 and $1800. ".,/[kVSX3X:/x-kY,#,yi\T-K,]VaO8urQ2}8pRIy|,8$K% tz?=\y Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not. All right reserved. The Harris Center For Mental Health And dd Human Resources, Kentuckiana Center For Addiction Medicine. A mental health admission under 5 years ago, A Clear & Present Danger Determination under 5 years, A Developmental/Intellectual Disability, A misdemeanor pursuant to Section 8 (k) of the FOID Act, or If you are a Law Enforcement Officer revoked pursuant to Section 8 (e) seeking expedited relief. H2TH2P0P326E\i\z Post your question and get advice from multiple lawyers. Needless to say, it is not the political climate to get a FOID back after a stay at a psych facility. There is no language in the Act to clarify this issue. Q: Can you help me get my FOID card back? FOID/Firearm Evaluations - Specialized Forensic Unit PC FOID/Firearm Evaluations 1.1). You can actually go here: https://isp.illinois.gov/Foid to see what the current backlog is. endstream
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You don't need polemicists here, you need folks who will communicate you are now sold. l2Is 7D-
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Who is mandated to report: @D)6hg#,v&"?axOBxh8@(lClzH0. endstream
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I had no contact or conversations with any other patients. The report must be made within 24 hours of making the determination and must be made through the DHS FOID Reporting Systems Web site.2 Information regarding the individual must remain otherwise confidential and privileged. Firearm Owners Identification (FOID) Mental Health Reporting System Regarding individuals who have been adjudicated mentally disabled, voluntarily admitted to a psychiatric unit, determined to be a "clear and present danger" or determined developmentally / intellectually disabled @D)6hg#,v&"?axOBxh8@(lClzH0. 143 0 obj
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Psychiatric Services 70:1 January 2019. If your write stuff that makes you look paranoid, you just dig a deeper hole. l2Is S
H23754VH2P0P326E\i\z In the fall of 2021, FOID and CCLs renewals had been automatically renewed 18 months because FSB didnt have time to process them, and per Capitol News, Illinois (4/13/21), renewals were automatically pushed back ANOTHER 15 months. )n.,&)aOB[/E+ygd,'#o];|]]{91J_WcA9[*88#g]9|?1u_Q)&B?-}Nn,*n=e_>Bd\]}ol,?=_Cw+/%=P\ We are now offering secure, virtual teleconferencing services for psychological evaluations and treatment. 2. To apply for a FOID card, you need a valid state ID or Driver's License. Forensic & Clinical Services Rod E. Hoevet, Psy.D. (FOID Act, Sec.
There are very specific laws and rules that determine what the evaluation must include and the types of issues that must be addressed in the evaluation and report. 1. )
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Mental Health Certification For Firearm Possession FOID Card, FOID/Firearm Evaluations Specialized Forensic Unit PC, IDHS Firearms Owners Identification (FOID) Mental Health . endstream
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The Act requires any physician, clinical psychologist or qualified examiner1 to report to DHS any person whom the physician, clinical psychologist, or qualified examiner determines to pose a clear and present danger to himself, herself or others, or determines to be developmentally disabled.. Good luck. Real questions about criminal defense from people like you. Real answers from licensed attorneys. Every Good Wish. l2Is 7D-
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Find someone who does "FOID" appeals and "Administrative Law" You will have to have a risk analysis done by Clinical Psychologist. We are qualified examiners and can complete this evaluation and submit the required documentation directly to the Illinois State Police Firearms Services Bureau Appeals Section for review. Specialized Forensic Unit PC is a private nongovernmental organization, providing psychological evaluations in Illinois and Wisconsin. Disciplinary information may not be comprehensive, or updated. He has also conducted numerous fitness for duty and pre-employment evaluations of police officers. He may be contacted at jmonahan@monahanlawllc.com. To appeal you must submit a FOID Request for Appeal and Request for Waiver of Liability and have a physician, clinical psychologist or qualified examiner submit the Mental Health Certification For Firearm Possession to the Illinois State Police at the address listed . 4O2!"]sqVe
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/. Psychology Today: Health, Help, Happiness + Find a Therapist Start with your legal issue to find the right lawyer for you. But, too late for you. Under the Act, physicians, clinical psychologists and qualified examiners are mandated to report to the Illinois Department of Human Services (DHS) any person whom the physician, clinical psychologist or qualified examiner determines to pose a clear and present danger to himself, herself or others, or determines to be developmentally disabled. Additionally, mental health facilities are mandated to report the admission of individuals who are prohibited from obtaining a FOID card. H23754VH2P0P326E\i\z See the ISP Website for FOID Appeal. endstream
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By my signature below, I affirm: I am a physici an, cl inical psychologist or qual ified examiner as defi ned in 405 ILCS 5/1-122; endstream
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If a person is determined to be a clear and present danger during his or her admission to a mental health facility, both a report of an admission and a report of a clear and present danger must be made. Midwest Behavioral Risk Management, P.C. Mental Health Certification For Firearm Possession - FOID Card https://ispfsb.com/Public/Firearms/FOID/MentalHealthCert.pdf Instructions: 1. FOID (Firearm Owner's Identification Card) forensic psychological evaluation is usually requested when the person's application for the firearm card was denied due to prior psychiatric inpatient treatment. H23754VH2P0P326E\i\z endstream
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FOID Appeal Requirements - Mental Health Prohibitor If your FOID card has been revoked or your application denied due to a prior admission to a mental health facility within the last five years, you may appeal the decision to the Firearm Services Bureau (FSB) of the Illinois State Police. l2Is 7D-
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Substance abuse concerns could also disqualify you from being issued a FOID card. I was railroaded into a physc ward by a lying, vindictive nurse. evaluations, specifically tailored to answer referral questions that courts, attorneys, correctional facilities, or patients may have. You should have your psychiatric records sent to us for review prior to the evaluation. If you are under 21, you must have a parent or guardian sponsor who is eligible for a FOID card. Social Science mental disorders, biologically based 27 mental health: Cawood Assessment Grid careful language usage 412; FOID (firearms owner identification card), FOID was denied because I was admitted to the mental hospital in middle school from ILGuns, 2 Haz 2022 Hi, so I submitted my FOID application around a week and a half ago, [I] have received a mental health evaluation by a physician,. [from 405 ILCS 5/1-122], If a LCPC has only 2 years experience (brand new LCPC) are they mandated? Clear and present danger is defined in the FOID Act as a person who: Communicates a serious threat of physical violence against a reasonably identifiable victim; or, Poses a clear and imminent risk of serious physical injury to himself, herself or another person as determined by a physician, clinical psychologist or qualified examiner; or. I agree with Mr. Budlin and seek out an attorney. H2TH2P0P326E\i\z A: This is probably the most common inquiry I get asked on the website. This certification must be completed by a physician, clinical psychologist or qualified examiner as defined in 405 ILCS 5/1-122. Reporting by Mental Health Facilities. IL FOID Evaluation Midwest Behavioral Risk Management, P.C. "The commissioner shall promulgate regulations which shall include, but not be limited to, provisions relating to mental health professionals approved to perform the evaluation; the process for evaluation; and the development of a standardized form to be used by mental health professionals performing such evaluation to approve or deny an endstream
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The letter itself is not all that complicated, but it does say theyve reviewed EVERYTHING or at least tried to. Dr. FOID. The FOID Act and the Mental Health Code require the physician, clinical psychologist or qualified examiner to report directly to DHS. NAME OF FOID CARD PETITIONER: DATE OF BIRTH: / / Last, First, Middle Initial . Overall, very few FOID or CCL applications were denied. H2TH2P0P326E\i\z endstream
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ago), FOID Appeal Requirements (Intellectually or Developmentally Disabled), Firearm Owners Identification (FOID) Card Act (430 ILCS 65/), Public Act 095-0564 which amended the FOID Card ActSection 10 amends the Mental Health and Developmental Disabilities Confidentiality Act (740 ILCS 110/12), FOID: Appeals, hearing; relief from firearm prohibitions (430 ILCS 65/10), Firearm Concealed Carry Act (430 ILCS 66/), Extreme Risk Protection Orders to Reduce Firearms Violence William Frizzell, M.D. One source of confusion for practitioners is the conflict between statutes as to how a professional can fulfill his or her duty to report. My application was denied because of mental health treatment I received more than 5 years ago. To apply for a FOID card, go to the Illinois State Police website . @D)6hg#,v&"?axOBxh8@(lClzH0. clinical experience involving evaluation and treatment with patients that have a mental illness. Then you have an appeal after 5 years which is abbreviated. Avoid the shrink business at all costs. H4 Be careful to have the evaluation done by a 2nd Amendment friendly psych. endstream
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H2TH2P0P326E\i\z Workplace and school violence consultation services, Law enforcement, fire protection and other public safety entities, Private security, investigation agencies, and executive protection teams, Not-for-profit organizations / foundations. Even as we approach the two-year anniversary since enactment, there remains confusion among clinicians, hospitals and mental health practitioners as to how to comply with the reporting requirements. l2Isr**`\y@cB]Bt
LL,L)pY>\y Independent Medical Examinations Independent Medical Examinations may be needed to determine the cause, extent, and treatment of a work-related or other injury where liability is at issue. There was confusion as to whether this required a retroactive determination such that, for example, a facility was required to evaluate all developmentally disabled persons in their program and report the individuals to DHS. Click here to learn more or to get started. . endstream
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If you appeal and if you lose, the regulations require a two year wait to again appeal. You are NOT required to appeal at this time. Robert H. Hanafords Avvo Top Contributor Badges, Workers' Compensation Lawyer in Chicago, IL, Personal Injury Lawyer in Springfield, IL, This lawyer was disciplined by a state licensing authority in. I'm redirecting you to the expungement category; many criminal lawyers handle FOID issues but those who do expungements may be more likely to do so. There is an appeal within 5 years of inpatient treatment that has a bunch of hoops to jump through, including all psych records for the last 5 years, a forensic evaluation by a shrink. There is an appeal within 5 years of inpatient treatment that has a bunch of hoops to jump through, including all psych records for the last 5 years, a forensic evaluation by a shrink. Dr. Kessler is an expert in the area of professional ethics and has trained many mental health providers on relevant aspects of the FOID and concealed carry laws in Illinois. When a person is determined to pose a clear and present danger, the determination must be reported within 24 hours. [N
t[l6aA`RA+]Iph{fl?O L 18 July 2022, Frequently Asked Questions as to FOID Mental Health Reporting, Request for Investigation and Waiver of Liability, FOID Appeal Requirements (Non-Mental Health), FOID Appeal Requirements - Mental Health Prohibitor, Psychiatrist or Licensed Clinical Psychologist's Evaluation or Letter Requirements, Mental Health Certification for Firearm Possession (Mental Health Admission > 5 yrs. hk\EJJhk=d0{P]qYvjyw,lcQzJb]VZyjSy^a~Xi{`RKuHE9m?Bit!L!O! I had one many years ago, but it expired. Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. endstream
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We provide the following professional services: We provide services to a broad range of clients including: 2013. The definition specifically includes the following, or any parts of the following if they provide treatment of persons with mental illness: To qualify as a mental health facility, the primary purpose of the facility does not have to be treatment of persons with mental illness. @D)6hg#,v&"?axOBxh8@(lClzH0. endstream
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drfoid.com at Website Informer. Unfortunately, a lot of times, once you start digging, other things pop up. 2. Contact for content you want removed. !Y\!\\ #
Licensed Clinical Professional Counselor, A licensed clinical professional counselor with a master's or doctoral degree in counseling or psychology or a similar master's or doctorate program from a regionally accredited institution who has at least 3 years of supervised postmaster's clinical professional counseling experience that includes the provision of mental health services for the evaluation, treatment, and prevention of mental and emotional disorders. We provide, complete, and submit all required forms directly to the Illinois State Police, Firearms Services Bureau, Appeals Section. 4. From a risk management perspective for practitioners, it is best practice for physicians, clinical psychologists and qualified examiners to report directly to DHS themselves, rather than relying on their employer. These answers do not make me your lawyer. By now, FSB is probably catching up some, but I dont imagine that appeals are necessarily a priority or speedy. The way I interpret the process, the psychiatrist giving the opinion if they are doing a thorough job has to attest that they have reviewed EVERYTHING in a persons mental health treatment history.