How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46794
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

I have made a claim to my companys occupational health insurer

Resolved Question:

I have made a claim to my company's occupational health insurer for early retirement through ill health. The insurer now requires me to undergo an independent medical examination. There is immediate recent correspondence between the insurer and my psychiatrist. I would like to see this before the examination. However the insurer is requiring me to make a DSAR and states that the examination must not be delayed by the DSAR. Do I have the right to to see this most recent correspondence before the examination?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Why do you need to see the correspondence before the examination?

Customer:

A number of reasons:

Customer:

My psychiatrist has been supportive of ey but the insurer says that he is no longer so. My case is complex and I want to understand what the issues now are. I find it very stressful to attend an examination that may well turn out to be a cross-examination without full visibility of the issues. I want to be sure that the examiner sticks to the issues and that there is not an additional agenda.

Ben Jones :

When is the examination scheduled for?

Customer:

To be scheduled

Ben Jones :

There is no law that states this information must be given to you before you attend the examination. As you have been informed you have the right to make a DSAR to request that information and the insurer has a time limit of 40 days to respond to this and provide the information requested. So if the examination is going to take place after that time, there is a good chance you would already have the details that you need.


 


If the examination is scheduled to take place before that then you simply have to try and postpone that to a later time. There are various tactics you could use to claim unavailability, whether due to prior appointments, health issues or anything else that you can think of, just to try and buy some time.


 


You also cannot be forced to attend at the scheduled time and if you fail to do so that does not mean that this is the end of the whole thing – the employer/insurer would not be acting reasonably if they refuse to proceed with this just for one non-attendance or a slight glitch like this. It would take continuous non-compliance to justify it.

Customer:

Are you there Mr Jones

Ben Jones :

Yes

Ben Jones :

Can you see my response above?

Customer:

Yes, but you do not ask any question in it for me to reply to

Ben Jones :

Well...you ask the question and I provide the response, apart from the initial queries I needed from you, I only had a couple of questions for you to start with then I provided my repsonse

Customer:

OK

Customer:

I have one further supplementary question - Am I entitled to know the medical qualifications of the examiner?

Ben Jones :

yes you can certainly ask them to provide details of their qualifications

Customer:

OK, that's all my questions answered thankyou.

Ben Jones :

you are most welcome, all the best

Customer:

thanks

Customer:

Oh, please switch on rating selection

Ben Jones :

it is on but sometimes there is a glitch so you can just type your selection instead on here, thanks

Customer:

good service

Ben Jones :

Many thanks

Customer:

how do I pay

Ben Jones :

you would have placed a deposit when you posted the question so that would all be done, there is nothing else for you to do now

Customer:

I presume I have paid £33 then?

Ben Jones :

yes thats correct

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46794
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice