Question

Prudential is sending me to an IME but refuses to allow recording. Should I refuse to go to the IME?

Asked on May 13th 2024 by Mike
I am currently getting disability benefits through a private insurance policy administered by Prudential. This is the first time in the four years that I have been on benefits that they want an IME. We gave them seven days warning that we wanted to record, and they have just said that is not allowed. Should I refuse to go?

What if they won't let me bring a witness (my sister). Should I refuse to go through the IME?

Answer

Answered on May 7th 2024 by Attorney Gregory Dell

Mike:

This is always a tough situation. You cannot refuse to go. I would show up with a witness and a recording camera if you want. If the doctor refuses to see you with a witness then in my opinion that is the doctor refusing to see you and not you refusing to be examined. Your policy requires you to cooperate so this is a grey area. You should write a letter to Prudential and tell them that you will be there and what your plan is.