April 12, 2014 08:02:03
Posted By John Reilly
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QUESTIONING BY DOCTOR AND STAFF
The IME doctor is not someone intending to help or treat an
claimant. The information that the doctor and his or her staff
obtain is intended to assess the condition of the claimant - and
also potentially gather "leads" for further follow up. Generally
speaking, I have found that the more "chatty" the doctor the more
they are trying to delve into topics that may not be proper
subjects of the examination. It is best to discuss this with your
legal advisor before the IME - and do not be afraid to ask for
privacy and call your advisor if you have concerns about the
questioning.
Remember that the IME doctor and his staff have likely already
received many if not all of your medical records. Sometimes they
will pretend not to have any knowledge about the claims and your
history. Doctors (having their own file on a claimant) have
sometimes asked staff assistants in front of claimants whether
they (the staff or assistant) have any records. Since the doctor
has the records, the staff or assistant can truthfully answer
that they do not have any records. Hearing this, a claimant is
sometimes encouraged to exaggerate or leave out important facts
about their condition or treatment. That is a mistake and calls
the claimant's truthfulness into question. Again, it is better
to have reviewed this entire procedure with your legal advisor
before the IME takes place. John
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