Anyone know if an Insurer can request you attend a Doctor of their choosing if the claim payments have stopped and you are appealing?
I would assume so if you want your appeal to be successful.
David has great free webinars every Thursday. You just need to register and you’ll have an access to them. At a webinar you can ask David any questions you like (not related to the topic). Just a tip.
It is my understanding, based on my policy wording, that the insurer can choose the doctor for an examination (one-time visit) and you get to choose the doctor for ongoing treatment (multiple visits).
Do you not want to see the IME or do you want to choose your own IME?
You could probably make technical arguments that they are in breach of the policy, so they can’t rely on it to make you attend – but that would be a big mistake in my opinion.
See our recent article on this topic and way we say you always should attend even when you have good reasons to say no: https://www.resolutelegal.ca/before-independent-medical-examination/
Disability Lawyer with Resolute Legal
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Really good advice. I actually offered to go to any Doctor they choose as part of my 1st appeal. I also advised that I had not revoked my consent for my Insurer to contact my providers or gather any information they need. As I believe I have provided them everything.
I just wanted to know that technically I could have argued against it.
But I did not argue, I offered to do it before they asked
Excellent – its one of those situations where you have to choose to “be right”, or “get it right”. You made the right choice in my opinion!
I have found with LTD companies that saying “no” to anything will immediately set off red flags and draw more attention to your case. They are always looking for a way to deny benefits and if you refuse medical exams or treatments it can just give them more ammo.