Disability insurance companies sometimes tell a claimant that their claim for disability insurance benefits is being turned down based on a file review by some doctor or other medical professional that the insurance company hired to do the review. Aside from the fact that this type of ongoing business relationship can, shall we say, compromise the integrity of the reviewing medical professional. But do the courts recognize the problems and weaknesses of a file review?
Courts have recognized file reviews raise major issues in a number of situations, two in particular: (1) where the basis for the disability insurance benefits claim is a mental illness or claim; and, (2) where the insurance company disputes the claimant's credibility. Smith v. Bayer Corp. Long Term Disability Plan, 275 F. App’x 495 (6th Cir. 2008) and Evans v. UnumProvident Corp., 434 F.3d 866 (6th Cir. 2006) are court decisions recognizing the problems with file reviews.
Don't just allow the disability insurance benefits company tell you that they had your file reviewed and your claim is denied, especially if you have a valid claim. Insurance companies expect that a certain number of claimants will just go away and forget about their claim. Contact Lexington, Kentucky disability insurance benefits lawyer Robert Abell at 859-254-7076.
