Question

Is is strange that LFG scheduled an IME without requesting medical records for the past 6 months?

Asked on September 27th 2011 by Janey
A family member on claim with this company has several disabling conditions all documented by proper objective medical tests (MRI, CT scans, EMG and more). This company has refused to allow the family member to send treating Doctor’s medical records, much has gone on since inception of claim for LTD, it’s been a battle and I mean battle for them to continue to receive benefits. The Company has not requested ANY updated medical records in 6 months, yet scheduled an IME with their chosen providers through examworks, whom bought out MES in January I believe or the reciprocal of. Exam works has language on their website stating things like “expertly coordinated and scheduled”, “authoritative resolution of medical claims”, “resolution of disputed claims”. They also have claim forms for adjusters that have a section for special instructions, however nothing stopping them form just verbally dictating what the carrier wants and needs and verifying this verbally so no record exists. Would you not find it odd LFG would schedule the party for an IME, yet request no records from treating Doctor for 6 months, have refused to let the IME be videographered? The claim is 6 months shy of 24 month duration, not even the own occupation portion tolled yet and a huge battle as said since inception.

Answer

Answered on September 28th 2011 by Attorney Gregory Dell

Janey, It is somewhat unusual that Lincoln Financial Group has not requested any medical records, but they may just rely on the IME exam and then request medical records if they want them. Depending on the state you live in, they may be violating the insured’s right to have the IME exam videotaped. You can be assured that they are videotaping the claimant without permission. Most disability carriers conduct a change of disability definition within 6-8 months of the change of definition. Your doctors need to contact you if they are contacted by the disability company. You may want to send the medical records to Lincoln Financial and force them to look at the records.