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My signature on the medical record release authorization was forged. What can I do against insurance company who did it?

North Bergen, NJ |

Insurance company First Unum in order to obtain my medical record fabricated document with my signature. Based on this document they obtained the record and denied my coverage. Despite all evidence judge dismissed the case, motion to reconsieder was also denied. Are there any possibility to do anything?

Attorney Answers 3

Posted

It sounds like you already filed suit in court against the insurer and lost.

Your only option is to file an appeal within the time limit to do so and convince the appeals court that the judge made a mistake. I would guess the chance of winning without a lawyer is zero.

You should know that this answer does not establish an attorney-client relationship. To do so would require a written agreement between us. You should be aware that there are time limits within which you must pursue any claim or suit.

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Asker

Posted

I am afraid that the time for an appeal gone, because the decision I received today, but it was made in June 2012. So this is my question, are there any other legal means to go after First Unum?

Gary P. Bartosiewicz

Gary P. Bartosiewicz

Posted

If you have lost a lawsuit you just can't refile the same suit. It's not clear what you received today. If the judge made his/her decision in 2012 it's not clear why you just got it. If the judge just ruled against you on a decision to deny coverage made in 2012 your appeal time runs from the date of the judge's decision. Get to a lawyer.

Asker

Posted

I am afraid that this a fault of my lawyer, who did not notified me on time... So as I understand correct, everything is lost?

Posted

There are two issues here. First, there is the insurance claim. What kind of insurance? Did you have to give them Power of Attorney as part of the application? If so, then the signature would be authorized. Assuming it was actually forged, you can contact the Department of Banking and Insurance and file a formal complaint. You may want to contact Federal agencies as well as this would be a violation of HIPPA. However, none of this will solve your coverage issue. Hopefully you had an attorney look at htat. If not, you should.

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Posted

No, it was no insurance claim, just based on illegally obtained medical record First Unum denied long term disability coverage.

Adam L Rothenberg

Adam L Rothenberg

Posted

Disability claim is a type of insurance. There are separate issues about the denial or not. They were entitled no doubt to the records. If they took short cuts I cannot see a way that changes whether you get the disability. On the other hand, you can certainly get a little satisfaction if you report a VALID infraction. The question was whether it really was. By way of example, when we do a subpeona the Clerk of the Courts name is on it and it is signed typically by the lawyer. That is not a forgery, but it is clearly signing someone elses name as practice allows.

Asker

Posted

The issue here is only one, they forged document, and get away. If you or I do the same or similar we'll be in jail. And this make me think where I live, in the United States of America or I am back to Russia where I born

Posted

Most insurance applications authorize insurance carrier to obtain medical records.

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Posted

Dear Mr.Lassen, Not in this case. They sent by fax forged document to my doctor, they simply superimposed two documents, one an authorization to release medical information, other the document with my signature and did it so unprofessionally, that even a grid on the documents did not match. Then they made xerox copy and this copy they faxed to doctor.

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