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Frequently Asked Questions

Must I Attend a Functional Capacity Evaluation or an Independent Medical Exam?

Frank Darras:

“Functional capacity evaluations and independent medical exams are provisions in your policy. The carrier can require you to attend one or both. Functional capacity evaluations, two hours, four hours, a day, or two days. How much bending, lifting, stooping, pushing, pulling, carrying, can you do before you show fatigue or problems?”

“The independent medical exam. It’s got to be the right doctor in the right specialty, and it can’t be too far away. And be very careful. Your carrier, I promise, will videotape your activities the day before, the day of the functional capacity or independent medical exam, and the day after. So if you say I can’t lift more than five pounds or I never drive, make sure your restrictions and limitations match your conduct.”

DarrasLaw is Americas' most honored and decorated disability litigation firm in the country. Mr. Darras has seen more, evaluated more, litigated more, and resolved more individual and group long term disability and long-term care cases than any other lawyer in the United States.

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