Fibromyalgia Long Term Disability Claims Denied with out Physical Examination | Florida Disability Lawyer

Many times Nancy Cavey, Florida disability denied lawyer, often sees Long Term Disability carriers deny Fibromyalgia claims without having a physical examination.

Many Long Term Disability policies give the carrier the right to have you examined by a physician of your choice. More often than not, Long Term Disability carriers deny you disability without having that examination. When that occurs in Fibromyalgia cases, Nancy Cavey always reminds the Long Term Disability carrier that the evaluation of Fibromyalgia requires personal examination, in a case with Bellsouth Telecommunications, Inc., 89f3D775(758-59) (11th Circuit 1996).

We also remind the Long Term Disability carrier that “evaluating disability without personal examination of the individual… is medical sophistry at best” Spencer O/B/O Spencer v. Hecker 765f2D1090 (1094) (11th Circuit 1985).

More often than not the Long Term Disability carrier will use a peer reviewed doctor to review your medical records. Nancy Cavey, Long Term Disability denied lawyer often finds that these peer reviewed physicians will arbitrarily conclude that our clients symptoms are “out of proportion of physical findings.” That’s a credibility determination, reaching such a conclusion without the benefit of physical examination to support that finding is not evident of a deliberate or prudent decision and making.

Although independent exams are not required, they are, in my opinion significant in cases where a plan administrator is operating under a conflict of interest or rejects the treating physicians opinion. Hughes v. Prudential Life Insurance Company, 2005wl8399245 (W.D3VA, April 12 2005).

At Cavey and Barrett, we always argue that the failure to get an independent medical examination in align with peer reviewed doctors is a significant factor and raises questions about the inaccuracy of the benefits denial and grounds for claims reversal.

If your Long Term Disability claim has been denied, your symptoms “out of the proportions of the physical findings,” contact Nancy Cavey, your Long Term Disability denied expert.

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