What Reliance Standard Should Have Done When A Policyholder Couldn’t Attend An In-Person Medical Examination
It’s not uncommon for the disability insurance companies like Reliance Standard, to schedule an independent medical evaluation.
In the case of Mason v. Reliance Standard Life Insurance Company, 14-CV-01415-MSK-NYW, 2015 WL 5719648 (D. Colo. Sept. 30, 2015), the Colorado court found that Reliance’s denial of benefits was arbitrary and capricious.
Reliance had scheduled an independent medical evaluation of Mr. Mason and he was unable to attend as he was in the hospital on the scheduled date.
Instead of rescheduling, Reliance Standard hired a peer review doctor to conduct a medical review of Mr. Mason’s medical records.
Of course, the peer review physician rendered an opinion that was favorable to Reliance who seized on the hired guns medical opinion as the basis for denying the claim.
The Colorado Court reversed and remanded the case back to Reliance Standard. Unfortunately, this will give Reliance a second chance to have an IME and issue a new denial.
Will My Benefits Be Denied Because I Didn’t Attend An IME?
There is a good chance your benefits will be denied because your policy probably requires that you cooperate and attend the IME. If your scheduled for an IME, it is the time to hire a disability attorney who can possibly prevent the IME, prepare you for the IME and even have if allowed, the IME videotaped or witnessed.
It’s time to call Nancy L. Cavey, who can represent you, regardless of where you live in the United States. Call today (727) 894-3188 for a complimentary consultation.