Mistake 3 – Handling Questions About Your Medical Condition | Bradenton Long Term Disability Lawyer

When the insurance adjuster or investigator comes to take a continuing disability statement they are going to ask you questions about your “disabling condition” and your “symptoms.”

Now, I find that rather silly. You have been filling out statements about your condition on a regular basis and the carrier has probably had your physician fill out forms at least once every three months. Can’t the disability adjuster read?

You probably haven’t seen what your physician has said in the your medical records or how they fill out the forms. The long-term disability carrier is trying to catch you complaining of different disabling conditions than you’re claiming or which are being discussed in your medical records. One of the reasons to have an attorney present is to review all the forms and medical records so you know what’s in them.

Symptoms are the things you are complaining of or present with on examination. Why are you asked questions about your symptoms? To compare what you said on your statements with what your doctor has recorded.

More importantly, the questions about symptoms are a prelude to asking about what you can and cannot do. The carrier wants to see whether your complaints about symptoms and your physical activity is consistent with what is reported in your doctor’s notes, whether that’s consistent with your diagnosis, and whether that’s consistent with any surveillance they have on you.

If you say your symptoms prevent you from lifting, bending, or stooping because you have constant back pain, and they have film of you, stooping and lifting boxes or bending at the waist repetitively, you’re in trouble.

I suggest you consult with long-term disability Attorney Nancy Cavey, who can prepare you for handling questions about your medical condition and symptoms.

If you have any questions, please give us a call at 727.894.3188 or contact us online by clicking here.

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