How Long Term Disability Carriers Will Use Functional Capacity Evaluations To Deny Your Claim
Long term disability carriers play hardball on claims and one of the ways they play hardball is to have you undergo a functional capacity evaluation. Why? If the long term disability carrier can show that you’re capable of engaging at least sedentary work, they will have legitimate grounds to deny your claim for disability benefits, notwithstanding what your physician has said about your restrictions and limitations.
What is a functional capacity evaluation?
It’s a 3 to 5 hour confidence evaluation used to determine your current ability, strength endurance, sensation, hand function and gross and fine motor coordination. They will evaluation the appropriateness of your physical limitations assigned by your physician and will test the consistency of your effort.
It is not uncommon to be performed by an insurance company and can be performed when the disability company thinks that your doctor is only relying on your subjective complaints.
What should I do if I am scheduled for a functional capacity evaluation?
You should immediately get out your policy and contact a long term disability attorney, such as Nancy Cavey, who has represented disability claimants in claims against UNUM Provident, MetLife, Cigna/________, Aetna, Lincoln Financial, Prudential and The Hartford. She’ll first determine whether the long term disability carrier has the right to a functional capacity evaluation. Many long term disability policies don’t provide the carrier with that right yet, improperly request the same.
If the carrier does have a right to a functional capacity evaluation you should be prepared for what will occur during the functional capacity evaluation including the questions that you’ll be asked, tests that you’ll be asked to perform and the hidden traps waiting for you in the functional capacity evaluation. Of course, the functional capacity evaluation should be videotaped. It might also be helpful to secure your own functional capacity evaluation or have an appointment with your physician the day of or the day after the functional capacity evaluation so your physician is in a position to rebut the findings of the functional capacity evaluation. Next, don’t let an improper functional capacity evaluation result in the denial of your long term disability claim.
Need Help With Your Long Term Disability Insurance Claim?
Long term disability attorney, Nancy Cavey, is familiar with the many methods disability insurance companies use to wrongfully deny or terminate legitimate long term disability insurance claims.
She’s helped hundreds of people secure their long term disability benefits and will personally consult with you, review your claim, prepare your appeal, and if necessary, file suit and represent you in court. Call today at 727-894-3188 for your free initial consultation so you can discuss your situation and get your questions answered today.