Insurance Psychiatrist appointment following second appeal


#1

My LTD was terminated 8 months ago as they claim I didn’t cooperate in their rehab program meanwhile all my doctors had written back-up letters explaining why I couldn’t participate in their plan at that time. I’m on my second appeal with them and they have now requested I see a psychiatrist. Now this is 8 months AFTER they terminated me! I feel like this is a trap for them to say oh well she’s fine now and we were right in terminating her 8 months ago!! Any advice is welcome. thank you!


#2

My advice is to call Resolute for a free consult.
8 months seems like a long time to be without LTD.

https://resolutelegal.ca/free-consultation/


#3

Get a lawyer—its a trap https://www.avvo.com/legal-guides/ugc/frequently-asked-questions-about-independent-medical-examinations-ime

Good article on IME’s


#4

I always recommend that people attend the appointment in a situation like this. There is no downside for you – best case scenario the doctor will support you and your claim gets approved. Worst case scenario the doctor supports them and you are in same situation you are currently in.

It is easy to be cynical, but I have seen many instances of these assessments coming out in in favour of the person making the disability claim. Not all doctors hired by the insurance company are hired guns. Some will say things that go against the insurance company’s position.

If your claim continues to be denied after this appointment, then you could proceed with litigation as an option.

My only caveat here is that in some cases you have only 1 year to sue the insurance company from the date of first denial. Make sure you have a lawyer look into this before you reach the 1 year mark.


David Brannen

Disability Lawyer with Resolute Legal

The response posted above is based on the limited factual information made available and is not intended as a full and complete response to the question. The only reliabile manner to obtain complete and adequate legal advice is to consult with a lawyer, fully explain your situation, and allow the lawyer enough time to research the applicable law and facts required to give an adequate opinion. The basic information provided above is intended as a public service only, a full one-on-one discussion with a lawyer should be done before taking any any action. The information posted on this forum is available to the viewing public and is not intended to create a lawyer client relationship with any person. If you want one-on-one advice, please click here to request a free consultation or call toll free 1-877-282-5188 to speak with a member with our disability claim support team.


#5

I can vouch for what David said. An IME helped me.


#6

Yes, I am jaded. Hope for the best-prepare for the worst kinda of thinking.

Watch the statute of limitations though is also very good advice.


#7

Sometimes too the Insurer may want to back out of an unreasonable position-so the IME clarifies your situation-they reinstate benefits—escape the bad faith delay of 8 months