Can an insured be required to be evaluated by a doctor of their insurance companieschoosingregarding theirability to work?

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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 10 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.


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