Most disability policies require insureds to submit to an Independent Medical Examination (IME) by doctors selected by the carrier to confirm the diagnosis and the degree of impairment. Some also require a Functional Capacity Evaluation (FCE) to determine how the claimant’s ilness or injury affects the ability to perform his or her occcupation. Insureds who do not agree to participate in this process may lose their benefits. However, the insured does have certain rights with respect to the conduct of IMEs and FCEs:
- The right to have a witness present, including an attorney.
- The right to record the session.
- The right to get copies of the reports and underlying test results.
- The right to have IME and FCE exams scheduled at a convenient time and place.
- The right for these tests to be scheduled only as frequently as is reasonable under the circumstances.