ERISA LAW BLOG

Independent medical exams (IME), neuropsychological testing, and functional capacity exams (FCE) have long been a part of disability reviews.  However, in the last couple of years, I have noticed a great increase in the numbers requested by insurers and I expect, because of some court rulings, for that number to rise.  These exams can be a very tricky and sometimes scary ordeal.  The examiners have many tricks that they utilize in an effort to deny individual’s claims.  If you are in a disability review, regardless of whether or not an IME has been requested, I would strongly recommend that you have an attorney to help guide you through that process.  However, if you are in an appeal and do not have an attorney, it is absolutely crucial that you speak with one prior to attending the IME or FCE or whatever other testing the insurer is sending you to.  Very often, these exams can be the main evidence that the insurer will use to deny your claim and if you are not aware of how to proceed with them or aware of the tricks that they use, you could very well permanently damage your case.  If your short term or long term disability benefits have been denied and/or your STD or LTD insurer is sending you to an exam, please feel free to contact us immediately and we would be happy to help you.

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