If you’re filing or already receiving long term disability benefits for a mental health condition, you may be asked to attend a psychiatric “Independent Medical Examination” — which, in reality, is anything but independent.  These exams are more accurately called Defensive Medical Examinations (“DME”) because they’re arranged and paid for by your insurance company, often with the goal of cutting off or denying your benefits.  One tool insurers frequently rely on in psychiatric DMEs is the MMPI-3, a psychological test that can significantly influence the outcome of your claim.

Below we’ll answer common questions to help you understand what a psychiatric DME involves, how the MMPI-3 fits into the process, and how to protect your rights before and after the exam.  Whether you’re preparing for an upcoming DME or dealing with a claim denial based on one, it’s important to know what you’re up against—and how a long term disability attorney can help you push back.

Introduction

Many people assume that they can relax once their long term disability (“LTD”) claim is approved.  While it’s true that winning your long term disability claim is a big hurdle, it doesn’t mean you’re entirely in the clear.  Over time, your LTD insurer will continue to re-review your file and demand proof of your ongoing disability.

LTD insurers use a number of ploys to justify cutting off your benefits after your claim is approved.  Below, the NYC long term disability attorneys at Riemer Hess will discuss the five most common tactics used by LTD insurers to terminate long term disability benefits.

What To Expect From An Independent Medical Examination (“IME”)

At any stage of the long term disability claim process, your insurer may schedule you for an Independent Medical Examination (also known as an “IME”).  An IME is an examination done by a physician of the insurer’s choosing.  The IME physician will then write a report for your insurer evaluating your condition and stating whether you are capable of working.

Despite the name, IME physicians are not truly independent or neutral.  Many IME physicians perform hundreds to thousands of examinations for the insurer on an annual basis, meaning they are effectively on the insurer’s payroll.  As a result, they have an incentive to discredit your disability.

However, there are steps you can take to prepare yourself before, during, and after an IME.

Below we’ll answer common questions regarding IMEs and long term disability insurance claims.