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The Truth About Long Term Disability Carriers Attending Physician Forms

CaveyLaw.com > Long Term Disability  > The Truth About Long Term Disability Carriers Attending Physician Forms

The Truth About Long Term Disability Carriers Attending Physician Forms

All long term disability carriers will have your physician complete what called an attending physician form. Unfortunately, there are no uniform forms. AETNA, for example, asked doctors to comment on activities of daily living driving, lifting, pulling and pushing.

In Helms vs. Gerald Dynamics Corp, 2007 US.app.Lexus 4534 (11th Circuit February 7th, 2007) in a published decision, the 11th circuit held that AETNA “unreasonably construed what qualified as restrictions and limitations”, ignoring the opinions of the treating physician which established the extensive restrictions and limitations and which were greater than AETNA’s own attending physician form.

Initially, AETNA concluded that the claimant had “difficulty driving and needed to lay down occasionally,” but then when on “conclude in the very next line that Helms had failed to submit any restrictions and limitations”.

The court held that AETNA claims handling was contrary to the “undisputed evidence”. If AETNA is using an attending physician form to deny your claim for benefits, contact AETNA denied long term disability attorney Nancy Cavey.

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