Insurance company unethical

imokyrok

The insurance company which pays my Income Protection (I haven't been able to work for some years) regularly sends me to be medically assessed by a doctor and that is fine. However twice they have obliged me to undergo a painful assessment lasting three hours on two separate days - a functional capacities evaluation (FCE).

When they required it recently both I and my doctor wrote to explain the impact it had on my health on previous occasion - considerably increased pain for many weeks. They wrote back basically stating I do it or else and so I did - at the beginning of July and I still haven't recovered. I required immediate medical attention on the day (brufen injection) and substantailly increased medication since.

I believe it is totally unethical to put me through this and would like to ensure it doesn't happen again. I've checked the insurance ombudsman site and it seems more related to the pure finances of the situation. Can anyone suggest another organisation I could contact to help me fight this - perhaps some state body for people with disabilities? Should I see a solicitor? Finances would be tight. This must be happening to many people with painful conditions in Ireland.

Durga

Check with your local Citizen's Information Centre to see if there's a Disability Advocacy Officer in your area as they should be able to represent you.

imokyrok

Durga wrote: »

Check with your local Citizen's Information Centre to see if there's a Disability Advocacy Officer in your area as they should be able to represent you.

Apparently the funding for advocates with the CIC with disability focus didn't go ahead. They have suggested I contact my local CIC office for now. I'll do so but doubt that they will be able to help much. They are a good service but I think I need something with clout.

I'm thinking of going the legal route or maybe straight to the media about this. I feel very strongly that someone needs to stick up for people with disabilities in this country and since FF and the PDs disbanded the National Rehabilitation Board there is nothing out there for us.

I'm a bit on the shy side though so wouldn't exactly relish the media option. However I have contacts in journalism so I reckon it could be done. It will be a last resort though I think. I've written to the financial ombudsman as well so maybe they will suggest something.

When I see those ads on the TV for insurance companies harping on about preparing for illness etc I get mad. They never let on what they put you through to get and keep the payments when you need them.

Durga

Yes, unfortunately the Disability Advocacy Service has only been rolled out in certain areas. The Tallaght service is the one I'm most familiar with. The officer there is Sarah Campbell. It might be worth giving her a call regardless of where you're from and she might be able to give you some pointers.

I could also suggest contacting John Moloney at his constituency office in Mountmelick, Co. Laois. While FF may not be flavour of the month, John is genuinely interested in hearing about disability issues which effect people on the ground.

Victor

Talk to a solicitor.

I'd be tempted to sue them for injuring you.

imokyrok

Victor wrote: »

Talk to a solicitor.

I'd be tempted to sue them for injuring you.

I am tempted. Once I covered my legal costs I wouldn't be bothered about making money- just making them think twice about what they are doing to people - especially given they are using someone with a diploma in an "alternative medicine" discipline to do it rather than OT, physio of doctor :eek:

SerialComplaint

imokyrok wrote: »

I am tempted. Once I covered my legal costs I wouldn't be bothered about making money- just making them think twice about what they are doing to people - especially given they are using someone with a diploma in an "alternative medicine" discipline to do it rather than OT, physio of doctor :eek:

Can you clarify this - Are you saying that the insurance co is sending you to someone who is not a doctor?

imokyrok

SerialComplaint wrote: »

Can you clarify this - Are you saying that the insurance co is sending you to someone who is not a doctor?

I am. The assessor in question has a diploma in osteopathy (DO). Thats it. No degree in medicine, in physiotherapy or occupational therapy. He's not even registered with the Osteopathic Council of Ireland.

It is important to keep in mind that the history of American and European osteopathy is very different. While the American osteopaths have publicly renounced their unscientific origins and theories (and become real medical doctors, often on a par with MDs), the European osteopaths have never done so (in common with chiropractic).

He's brought over from the UK to carry out these assessments and has been for some years now. God knows how many people have been obliged to undergo this lengthy painful assessment. I can't begin to imagine how the insurance company imagines his qualifications would stand up in a court of law if it ever came to that.

SerialComplaint

imokyrok wrote: »

I am. The assessor in question has a diploma in osteopathy (DO). Thats it. No degree in medicine, in physiotherapy or occupational therapy. He's not even registered with the Osteopathic Council of Ireland.

It is important to keep in mind that the history of American and European osteopathy is very different. While the American osteopaths have publicly renounced their unscientific origins and theories (and become real medical doctors, often on a par with MDs), the European osteopaths have never done so (in common with chiropractic).

He's brought over from the UK to carry out these assessments and has been for some years now. God knows how many people have been obliged to undergo this lengthy painful assessment. I can't begin to imagine how the insurance company imagines his qualifications would stand up in a court of law if it ever came to that.

This is incredible stuff, though I'm not sure how you get it sorted. Does the insurance company have a formal complaints procedure? If so, log a formal complaint straight away, stating that you should only be assessed by a medical doctor in future. If this doesn't sort it out, you could try a complaint to the Financial Services Ombudsman under the 'provision of a financial service' heading.

imokyrok

SerialComplaint wrote: »

This is incredible stuff, though I'm not sure how you get it sorted. Does the insurance company have a formal complaints procedure? If so, log a formal complaint straight away, stating that you should only be assessed by a medical doctor in future. If this doesn't sort it out, you could try a complaint to the Financial Services Ombudsman under the 'provision of a financial service' heading.

I've started the latter process already. It's all going to take me a while as I'm too ill to give it time and concentration at the moment. But I am going to pursue it this time.

SerialComplaint

imokyrok wrote: »

I've started the latter process already. It's all going to take me a while as I'm too ill to give it time and concentration at the moment. But I am going to pursue it this time.

You might be able to get an advocate to help take up your case on your behalf. Unfortunatly, lots of advocacy services have had their funding cut, but check with your local Citizens Info Centre or disability representative organisation to see if they have an advocate who can help.

GER12

If you are not happy with this person, their behaviour, their level of qualifications (or absence of) or more importantly if this person has caused you any kind of physical pain etc. it is alway's within your rights of autonomy not to give consent or even to withdraw your consent to be examined by this person at any stage. If any person continues to examine you without your consent - it then becomes an issue of assault.

If you feel this person has caused you any kind of injury - its important that you seek the advice of a solicitor. After deciding on what course of action you wish to take - you may consider making a complaint firstly exhausting those within the insurance company and thereafter to the financial services ombudsman. Have you sought the advice from your GP or consultant yet?

imokyrok

GER12 wrote: »

If you are not happy with this person, their behaviour, their level of qualifications (or absence of) or more importantly if this person has caused you any kind of physical pain etc. it is alway's within your rights of autonomy not to give consent or even to withdraw your consent to be examined by this person at any stage. If any person continues to examine you without your consent - it then becomes an issue of assault.

If you feel this person has caused you any kind of injury - its important that you seek the advice of a solicitor. After deciding on what course of action you wish to take - you may consider making a complaint firstly exhausting those within the insurance company and thereafter to the financial services ombudsman. Have you sought the advice from your GP or consultant yet?

My GP wrote to the insurance company before and after the event. I'm seeing my rheumatologist in september so maybe she'll write on my behalf. I'm also seeing a pain consultant next week who is meant to be very decent and will ask him for suggestions. I've gotten the forms for making a complaint to the insurance ombudsman and need to get moving on that. I think I will take your advice on seeing my solicitor as well.