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My psychologist did not submit a rebuttal to an Ind.Med.Exam so the disability insurance I've had 6 months is being taken away.

Grosse Ile, MI |

Is this negligence on the part of my psychologist? The rebuttal is expected from him, not me. The insurance sent the letter to him on Dec. 04 2013 notifying him that this was due Jan. 04 2014. This is somewhat ridiculous on part of the insurance company because it was sent during the holidays.

The Independent Medical Exam was a farce. The guy wouldn't even let me finish questions. There was no physical exam at all. The disability is for major depression.

What do I do? Plead to the insurance company for more time? Sue the therapist? This is for approximately $42K benefits of which $10K have been paid out over the past six months.

Attorney Answers 3


Consult with an experienced disability attorney.

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A fact or two would be helpful...

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Not sure what facts you need. I was assaulted. 4 different psychiatrists diagnosed me with PTSD/MAJOR DEPRESSION. Then I had two forensic exams for court, both concluding I had PTSD/Major depression. I've been in therapy for the past 3 years for PTSD/Major Depression. After battling my private insurer, 6 months ago they gave me benefits for the PTSD/Major depression (paltry $1700/month compared to the $5K month I was earning). In Nov. 2013 they had me see an independent medical exam psychiatrist who wrote a report stating that I was the perfect picture of mental health. (He didn't even ask questions such as if I was suicidal, etc.) His report is the exact opposite of every psych report. They sent the report not to me, but to my therapist, who received it in Dec. 2010, right when he went on holiday vacation. They stated that he needed to send a response by Jan 4. 2014. As he was on vacation, he did not do this. Today I received a letter from the insurer stating that since my psychologist did not respond to their request, they were only considering the report of the independent medical examiner and thus were now taking away my benefits. While I am getting better, I am no where near 100% and ready to return to work. I think this was a ploy by the insurance company to send a letter during the holidays and expect an immediate turnaround. However, my therapist had 3-4 weeks to respond and did not do so. What to do in this situation? Who is to blame? I did receive a letter from the insurance company, but it was forwarded to my new address, so it arrived late. However, I did email them before the deadline and stated that I knew I was going to have a letter forwarded to my new address that had a deadline stamped on the envelope. I asked that they send this letter to me via email so that I could respond in a timely fashion. However, they stated they knew of no letter with a Jan. 4, 2014 deadline. Therefore, I could not respond either to the insurer or urge my therapist to respond. All of this seems to have occurred not in good faith. So what am I to do? Who is at fault here?


I agree that you should contact a local disability lawyer and fight for your benefits

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