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Insur carrier requested independent medical exam from doctor who wrote negative report on insured SS exam, SS did not agree

Miami, FL |

SS requested independent Medical exam before hearing, the Physician wrote the insured had no disability, The SS Judge disagreed with the physician report, the judge saw that the insured have limited disability, but not enough for social security, the SS benefits was denied. currently the insured is under the employers long term disability plan, the insurance plan sent the insured to the same doctor who wrote the negative report for SS admin. I've requested the current report, and they are slow about turning it over, the insurance company had records that I had seen this doctor before, and they know what he wrote in his report. could this lead to a complaint against the insured?

Attorney Answers 4

  1. This is a workers' compensation section. It sounds like you should be writing under a disability insurance section. Regardless, you should request the medical report directly from the doctor.

  2. Your question does not appear to have anything to do with workers' compensation. I am not clear as to what you are asking. I thought that you are writing about someone else because you keep calling them "the insured" but then you also state that "I" had seen this doctor before so it is difficult to determine about whom you are speaking. As to leading to a complaint against the insured, I am not sure what that really means but in Florida you are allowed to obtain a copy of your own medical records if that is what you are asking.

    Disclaimer: the above does not constitute legal advice and is only an opinion of the author as to current law. You should consult an attorney with questions about your particular situation.

  3. Best to have a disability lawyer investigate. Avvo has a great "find a lawyer" tool to locate a top-rated Avvo attorney.

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