Ohio National Life Insurance loves to tell disabled doctor “no”
As disability attorneys we deal with long term disability insurance carriers such as Ohio National Life Insurance Company on daily basis. Most insurance companies do not have good reputations for fair claim handling so it is not unusual for our attorneys to encounter some opposition while handling a disability insurance claim. The conduct of Ohio National in a long term disability claim our lawyers are handling on behalf of a family medicine physician is disturbing. The conduct is even more disturbing because Ohio National’s most recent letter states, “Ohio National has acted reasonably and fairly in the handling of [Dr. X's] claim.” While our client continues to be paid disability insurance benefits each month, Ohio seems to thinks that by paying disability benefits they are acting reasonably.
Let’s take a look at some of the recent request that have been denied by Ohio National Life Insurance with regard to the handling of this long term disability claim:
- Ohio National refuses to provides a copy of any field interview reports or recorded statements that were provided to Ohio National by our client;
- Ohio National refuses to allow the disability claimant to videotape an IME EXAM requested by Ohio National;
- Ohio National refuses to allow the disability claimant to tape record an IME EXAM requested by Ohio National;
- Ohio National refuses to allow the disability claimant to have an independent witness present at the IME EXAM requested by Ohio National;
- Ohio refuses to provide the either the disability claimant or his treating physician’s with the Raw Data from the neuropsychological IME exam that Ohio National required the claimant to attend;
- Ohio refuses to release copies of the IME exam reports to the disability claimant;
- Ohio refuses to provide proof of the malpractice liability insurance for the IME doctor that has been selected by Ohio National to exam the claimant (Ohio states that the request for the malpractice policy of an IME doctor is “inappropriate, unnecessary and will not be provided”). Ohio is obviously unaware of the extensive case law that states an IME doctor may have a duty to the disability claimant even in the absence of a formal relationship. There have been numerous lawsuits against IME doctors for injury caused to claimant and failure to diagnosis.;
- Ohio refuses to provide the disability claimant with copies of any documentation that the claimant has submitted to Ohio National over the past 5 years;
- Ohio refuses to accept proof of a disabling medical condition which was submitted in multiple medical records to Ohio National more than 5 years ago.
Ohio National’s conduct speaks for itself. In this particular case Ohio expects the claimant to give them everything they ask for, but they don’t have to share anything with the policyholder. Thankfully our client continues to be paid; however Ohio National clearly understands that should they deny disability benefits our disability lawyers will immediately sue to recover benefits, attorneys fees, costs, and any potential bad faith damages.
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