Navigating the world of long-term disability claims can be stressful and filled with uncertainty. One crucial step in this journey is the Examination for Discovery (EFD). Understanding what an EFD is, its purpose, and how it works can help alleviate some of that stress.
What is an Examination for Discovery?
An Examination for Discovery is a process used in long-term disability cases to gather information. Its primary purpose is to allow both sides to uncover relevant details and clarify issues before going to trial.
In the United States, a similar procedure is known as a deposition. Both EFDs and depositions serve to gather testimonies and evidence from individuals involved in a case.
Before the EFD occurs, both parties exchange documents through what is called an Affidavit of Documents. This affidavit consists of two schedules:
- Schedule A: Contains most relevant documents related to the case.
- Schedule B: Includes privileged documents that may not be disclosed.
The Examination Process Itself
During the EFD, you will be required to take an oath or make a solemn affirmation to tell the truth. You will then provide some basic information, such as your age, address, and living situation.
Questions About Work History and Medical Treatment
Expect your lawyer from the insurance company to ask detailed questions. These may cover:
- Your education and work experience
- Specific duties and responsibilities at previous jobs
- Reasons for leaving those jobs
- Your medical history, including complaints leading to work cessation
- Treatment plans and whether you’re following them, such as therapy or medication
Questions About Daily Life and Functioning
The examination will also explore your daily activities and functional abilities. You might be asked about:
- Household tasks and chores
- Participation in social activities
- Your ability to travel or engage in hobbies
This probing can feel intrusive, but it’s essential to understand that it aims to assess your overall capability and daily functioning.
Preparing for Your Examination for Discovery
Having legal representation is critical during this process. Your lawyer will help you prepare for the EFD, ensuring you understand what to expect.
Mock Examinations and Practice
One effective way to prepare is through mock examinations. Practicing with your lawyer can reduce anxiety and improve your responses when faced with tough questions.
Document Production and Undertakings
During the EFD, you may be asked to provide specific documents. If you cannot produce them at the moment, your lawyer can respond on your behalf. This often involves what are known as undertakings, where you agree to provide certain documents later, such as psychiatric records.
When is an Examination for Discovery Likely?
Certain situations may lead to an EFD being necessary:
Credibility Issues
If there are concerns about your credibility or the information you’ve provided, the insurer may request an EFD to gather more clarity.
Information Gaps
If the insurer feels they lack sufficient information to make a decision, an EFD can help fill those gaps.
Pre-existing Conditions
In cases involving pre-existing conditions, an EFD may provide additional insight into your health status and its relation to your ability to work.
Navigating the Examination and Beyond
Addressing Difficult Questions
While facing challenging questions can be nerve-wracking, it’s essential to stay calm. Listen carefully, take your time, and answer honestly.
Post-Examination Steps
After the examination, there may be further actions to consider. This can include additional discussions or preparations for mediation.
Settlement and Mediation
Many cases settle during mediation, which can occur before or after the EFD. This means you might not have to go to trial, making the process less stressful.
Conclusion
Understanding Examinations for Discovery in long-term disability cases is crucial. Knowing what to expect can help you navigate the process more confidently.
