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Status Exam For Permanent Disability In Delaware

At some point during your permanent disability claim process, your disability insurance company may request that you be examined by a physician of the company's choosing. This is normal and is a procedure used by the insurer to track your condition and confirm your condition through the company's own doctor. Before you submit to any examination, consult the experienced attorneys at Martin D. Haverly, Attorney at Law.

Legal Advice You Can Count On — Serving Delaware

We are an employment law firm in Wilmington, representing Delaware clients. We can prepare you for what to expect during the status examination and advise you on what to do and not do. We will point out important aspects of your medical condition and alert you as to potential mistakes and traps to avoid.

Know What To Expect

Before you go to a status exam, you have the right to know the scope of the examination:

  • What type of doctor will examine you?
  • What type of protocol will be used? (types of tests, procedures, etc.)
  • Will there be any noninvasive testing such as X-rays, MRIs or blood testing?

These examinations can be both good and bad. First, the exam is a good opportunity to be seen in person by someone on the insurance company's side. Often, insurance companies make decisions about disability benefits based only on the documentation in the claim file. Exams are a way for the insurer's doctor to see your disabilities firsthand.

The downside to the exam is that the insurance company may be looking for a reason to deny your claim. Sometimes a status exam is the first step in that process, as the company wants to gather information to use as a basis for either denying or terminating your permanent disability benefits. Keep in mind, the doctor you see is not your doctor. That doctor is not on your side, but is hired and paid by the insurance company. Rarely do these doctors give opinions that are at odds with the insurer's goals.

We are on your side. We understand our clients' situations and their need for permanent disability benefits. When you meet with us, we will take time to review common tactics used by these physicians, how you should respond and other tips for making this exam as successful for you as possible.

Contact Our Delaware Lawyers Before You Undergo A Status Exam

At Martin D. Haverly, Attorney at Law, our team is here to support you. Contact us at 302-529-0121 to arrange an in-person meeting. Our office is conveniently located in the suburbs just outside the city of Wilmington.

View Cases

  • Sheridan v. E. I. DuPont de Nemours & Co., 100 F.3d 1061 (3rd Cir. 1996) (en banc) (Plaintiff's jury verdict and the "pretext only" paradigm for proof of intentional discrimination established).
  • Hawkins v. Division of State Police, et al., C.A. No. 99-297-SLR (Religious discrimination case which successfully obtained an offer of judgment and caused the State to stop using the MMPI-1.
  • Miller v. Daimler Chrysler Corp., C. A. No. 01-827-JJF (D.Del. 2003) (Race Discrimination claim survived Motion for Summary Judgment).
  • Panaro v. J.C. Penny, Inc., C.A. 01C-02-010 JOH, 2002 WL 130692 (Del. Super. 2002)(In a personal injury case, admission into evidence of direct examination of deceased deponent/plaintiff does not.
  • Price, et al. v. L. Aaron Chaffinch, et al., C.A. No. 04-956-GMS, 2006 WL 1313178 (D.Del. 2006) (First Amendment Retaliation, Petitions Clause and Defamation Claims survived Motion for Summary Judgment).
  • Reyes v. Freebery, 141 Fed. Appx. 49 (3d Cir. 2005) (per curiam) remanding to District Court to explain its restrictions on the public's right to access to judicial records and counsel's First Amendment.
  • Underwood v. Sear Roebuck and Co., 343 F.Supp.2d 259 (D.Del. 2004) (Gender discrimination claim survived Motion for Summary Judgment).
  • Shotzberger v. State of Delaware Dept. Of Correction, 2004 WL 758354 (D.Del. Jan. 30, 2004) (Gender discrimination claim survived Motion for Summary Judgement).
  • Stull v. Thomas S. Neuberger, P.A., 2003 WL 21481016 (Del. Super. Febr. 28, 2003) (Effect of Delaware accord and satisfaction law on a contract for legal services).
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