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Long Term Disability ERISA and Private Disability Insurance Claims

6/30/2009
Nancy L. Cavey
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Long-term disability carriers' Independent Medical Examiners.

Unfortunately, it's not uncommon for long-term disability carriers to use "independent" medical examiners to evaluate your entitlement to continuing long-term disability benefits. This is particularly true in the case of psychiatric or psychological conditions such as depression or anxiety.

One of the most common "tricks" is to have a long-term disability carrier schedule an independent medical examination with a psychiatrist or a psychologist who will have you sit in a room with a computer and answer hundreds of questions on the computer.

This is known as psychological or psychiatric testing. What you will find is most of the questions don't apply to you but you will be instructed to answer them anyway. 

Most questions are totally irrelevant and even ridiculous. 

More often than not, simply because you sit in a room and answer the questions, the independent medical evaluating physician will conclude that you have the ability to concentrate, that you are not functionally impaired, and that you have the pace and stamina necessary to work.

Even though you may complain that you are depressed and anxious, the independent medical examiner will determine that you are not "functionally impaired."

Of course, this will be used by the long-term disability carrier to cut off your benefits. When you appeal, the long-term disability carrier will reaffirm their denial based on the results of the independent medical evaluation.

If you are scheduled for any type of independent medical examination by a long-term disability carrier, understand that this is the prelude to having your long-term disability benefits cut off. Contact Cavey & Barrett, your Florida based long-term disability claimant attorneys who can help you with this frightening turn of events.

Answering these broad-based questions isn't easy. Help is a phone call away. You can contact Nancy Cavey, an experienced long-term disability attorney at 727-894-3188.



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