Post-assessment medical meeting. PLEASE HELP!


#1

I am on disability benefits for a few years now and this year I’ve have had a medical assessment done by the insurer’s medical team. All my doctors have agreed that they are overreaching with their conclussions and many of the tests I’ve had, for hours (!!!) and during a 2 day assessment, were “inconclusive”, but the general conclusion they reached was in agreement with my doctors. This happened sometime in the spring. Now they want me go AGAIN and have a “post-assessment meeting” with ALL of them, the insurer and the medical team that have assessed me.
My questions are:

  1. Am I legally obligated to go, so I don’t jeopardise my benefits, although this meeting can be done through the phone (!!!)?
  2. Do I have the right to request to record the meeting, if I HAVE to go?
  3. What and how do I tell them to have this meeting via phone conference?
    The medical company the insurance have hired is extremely aggressive and in few occasions my words were twisted or they stated that I’ve said something that I didn’t! Their reviews on the net are awful!

I struggle terrible with my chronic pain, anxietate and depression and I DON’T KNOW WHAT TO DO!!! PLEASE HELP ME! PLEASE! I haven’t sleep in a few days and I am in full panic attack. Please HELP!


#2
  1. You have to do what the insurer asks.
  2. I don’t see why not.
  3. No idea, ask the insurer.

#3

Am I legally obligated to go, so I don’t jeopardise my benefits, although this meeting can be done through the phone (!!!)?
You have to cooperate-the issue is what they are asking is reasonable?

**Do I have the right to request to record the meeting, if I HAVE to go? u can ask, you can also have someone with you.
I would record even if they said no. I know that lawyers disagree with secret recordings but you have a reason since they twisted your words before. My humble but non legal opinion.

What and how do I tell them to have this meeting via phone conference? If the meeting can be done through the phone-great! You can do on speaker phone and record the call. That way you can make accurate notes of what was said. If ever challenged on your notes then you can tell them you know its accurate notes cause you made them through your recordings!

The medical company the insurance have hired is extremely aggressive and in few occasions my words were twisted or they stated that I’ve said something that I didn’t! Their reviews on the net are awful!

Sounds like Odessey or Banyan.


#4

Now they want me go AGAIN and have a “post-assessment meeting” with ALL of them, the insurer and the medical team that have assessed me.
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That sounds like a huge conflict of interest! Who would represent your interest. I think it might be proactive to seek a legal consult-go for a free consult here.
Insurers only spend money to save money.


#5

Download ACR app on your phone. It records phone calls very well.


#6

We’ve discussed all these issues on the forum many times and in great detail. David’s webinar today was also about your rights and obligations. David gave an awesome presentation by the way.


#7

You should communicate your concerns with your case manager.

Can this meeting be really done over the phone? Ask your case manager if you can have it over the phone.

In Canada you can record a meeting as long as one of the participants is yourself. Don’t need other’s consent.


#8

Just curious on how everything went?


#9

Yes, it’s Odysey…


#10

I am sorry you are having to deal with that. Hope you are ok. Any questions or concerns–ask away.


#11

Hope you are doing OK


#12

Sorry, I am late to give my thoughts on this:

  1. It is debatable whether you are “legally required” to go. However, from a practical point of view, the insurance company will take that position and you open up the possibility they will jump on your now show to terminate benefits for “compliance” with medical assessments under the Policy. Even if they are in the wrong, tarring you with this label is very risky because judges an other down the road will think it reasonable for you have cooperated on this. My advice is to always go. As a lawyer, I always want to be able to say to a judge that “my client did everything they asked…even these unreasonable things…” This is very powerful and the judge will see you in a very different light.

  2. You can ask and they may refuse. You can certainly privately record the interaction as long as doing so is legal in your province. Just realize you will have to disclose the recording if your case ever went to a lawsuit. That is normally not a big deal and sometimes you may expose them to be lairs or at least misrepresenting things from your conversation vs. what is in reports.

  3. Ask to have it via phone conference. There is not much you can do to force the issue. Advise them that travel is hard etc.


#13

Thank you all for your kind words. Since then, I was hospitalized…and they left me be. So far, just hanging in here, waiting the days to pass by… Just terrified that’ll start all over again.


#14

Hang in there! Being hospitalized may be your Easter blessing if it halted the insurer.