What is a Neuropsychological Evaluation? – Part 4

This is the last post in our series of posts about neuropsychological evaluations.  We will conclude this series by discussing (1) why an insurance company would ask for an exam, and (2) how a neuropsychological evaluation can impact your disability claim.

Why Would My Insurer Ask for a Neuropsychological Evaluation?

Unfortunately, it is way too common for an insurer to look for ways to deny a claim, even in the face of strong medical proof of a disability.  This can be especially true for conditions or disabilities that are more subjective than objective, or disabilities that include symptoms that cannot be definitely shown by commonly administered medical tests.  An insurer intent on denying a claim may use Independent Medical Evaluations (IMEs), Functional Capacity Examinations (FCEs), Neuropsychological Evaluations, or a combination of these three exams, in its efforts to undercut a policyholder’s own doctor’s evaluation and medical records (particularly if the policyholder’s treating doctor is supportive of the claim and has clearly indicated that the policyholder should not return to work in their own occupation).

As we discussed previously, the limitations inherent in neuropsychological evaluations may lead to a conclusion that you are less cognitively impaired than you truly are, and/or a recommendation that you are able to return to work.  Further, if the test is administered by a biased evaluator, results can be interpreted and manipulated in order to deny your claim.

What Can I Do?

First, make sure that your insurance company can actually require a neuropsychological examination under the terms of your policy.  Some policies include provisions requiring that claimants undergo “medical exams” or exams “conducted by a physician.”  If your policy contained this sort of provision, you could potentially argue that the insurance company cannot require you to undergo a neuropsychological evaluation, since a neuropsychologist is not a physician, and this sort of exam is not strictly a “medical exam.”

If you must undergo the evaluation, there are several steps you can proactively take to prevent the examination from unfairly complicating or jeopardizing you claim, many of which are similar to steps you should take before an IME.

  • Be sure to provide complete medical records.
  • Carefully fill out any intake paperwork.
  • Advise your medical team of the request for the evaluation.
  • Take notes, including what questions were asked during the interview portion of the evaluation.
  • Report back to your medical team after the test, especially regarding any negative effects, such as increased fatigue after the evaluation.
  • Request a copy of the report.

It is important to note that neuropsychological evaluations are not inherently biased or a poor indicator of disability.  In fact, they can actually be helpful in confirming your disability and demonstrate an impaired level of functioning that makes it impossible to return to work.  In some instances, you may wish to undergo an exam with a truly independent examiner, either proactively or as a follow up to one ordered by your insurer.  As with any new evaluation or course of treatment, you should carefully discuss this option with your current medical team and attorney, and obtain recommendations to a reputable evaluator.

Sources:

Atif B. Malike, MD; Chief Editor, et al., Neuropsychological Evaluation, Medscape, http://emedicine.medscape.com/article/317596-overview, updated May 18, 2017.

Neuropsychological Evaluation FAQ, University of North Carolina School of Medicine Department of Neurology, https://www.med.unc.edu/neurology/divisions/movement-disorders/npsycheval

Kathryn Wilder Schaaf, PhD, et al, Frequently Asked Questions About Neuropsychological Evaluation, Virginia Commonwealth University Department of Physical Medicine and Rehabilitation, https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0ahUKEwir3pKk__fUAhUBEmMKHenkDzsQFggoMAA&url=http%3A%2F%2Fwww.tbinrc.com%2FWebsites%2Ftbinrcnew%2Fimages%2FNeuropsych_FAQ.pdf&usg=AFQjCNG0Mv3o17ZrNmXuDN5ITUIh4fWYtA&cad=rja