Is it unethical when a LTD carrier denies my claim for benefits based on a psychological paper review?
Is it unethical when a LTD carrier denies my claim for benefits based on a psychological paper review?
Yes, the Principles of Medical Ethics, from the American Psychiatric Association section 7(3) says it is “unethical for a psychiatrist to offer a professional opinion about a specific individual unless he has conducted an examination.” If your claim has been denied based on a psychological paper review we strongly suggests you consider an appeal.
For example, the court in Shehann vs. Metropolitan Life Insurance Company, 368F.supp.2nd 228(S.d.n.y. 2005), explained “The Court discounts the opinions of psychiatrist who had never seen the patient for obvious reasons.” Unlike cardiologists or orthopedists, who can formulate medical opinions based upon objective findings derived from objective clinical tests, the psychiatrist typically treats his patient’s subjective symptoms…. When a psychiatrist evaluates a patient’s medical condition, a lot of this depends on interviewing the patient and spending time with the patient, “our methodology is essential to understanding and treating the fears, anxieties, depression and other subjective symptoms the patient describes.” Long Term Disability carriers routinely use psychiatrists as hired guns to deny Long Term Disability claims. If your Long Term Disability claim has been denied based on a psychological paper review, contact Florida disability attorney Nancy Cavey at 727-894-3188.