Frankel & Newfield, P.C.

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Insurance law and dentistry in NCDS Bulletin

Being a dentist doesn't seem like a physically demanding job, until you follow one around for a day. They spend the entire day on their feet, leaning over patients, holding their head and arms in awkward positions to get the right angle and the right amount of pressure on the patient's treatment area.

It's actually very wearing and many dentists end up with wrist, shoulder, neck or lower back problems as a result of years of repetitive motions. Those who can no longer perform the duties of their job often seek to make a claim on their disability insurance policies - and then run into the Catch-22 world of disability insurance: the FCE - Functional Capacity Examination.

The May/June 2012 issue of the Nassau County Dental Society Bulletin features an article by Jason Frankel, Esq., on the FCE process and the legal issues surroundings its use, and whether or not policyholders are required to submit to an FCE when requested by their long term disability insurance company.

Our legal position is that the FCE can be dangerous, and is not inherently reliable, and we often advise most of our clients not to undergo such a test. If you have been requested to undergo an FCE and have concerns about the test or the process, you should speak with an experienced long term disability insurance lawyer.

If you'd like to read the entire article, call our office and we'll be happy to send it to you.

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