Can an insured be required to be evaluated by a doctor of their insurance companieschoosingregarding theirability to work?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can an insured be required to be evaluated by a doctor of their insurance companieschoosingregarding theirability to work?
My wife receives private LT disability payments due to asthma. My wife has been out of work and seen by our doctor and 2 specialists who say she cannot return to work. She has been receiving payments for over a year and now the insurance company is saying she must be evaluated by a doctor of their choice to determine her ability to perform work. The company chosen is known for helping insurers deny claims. Is this something they can force her to do? And what is wrong with the diagnoses given by her specialists already?
Asked on February 19, 2011 under Insurance Law, North Carolina
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Yes. An insurance provider, such as disability or workers compensation or no-fault, has the right to ask for an independent medical evaluation by a physician of their choosing during the time they are paying out benefits. So she does have to go to the examination. I am unclear by what you mean is there something that they can force her to do. They can not force her to do anything that will in any way put her in harms way but they can ask her to perform tests that will allow them to evaluate her condition. The tests should be standard for her condition and I am sure that she has probably performed them for her own doctors and specialists. If the doctor's report causes the disability carrier to stop payments look in to your right to appeal and bring the matter before either mediation or arbitration or the courts. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.