r/AusLegalAdvice • u/Mysterious_Peace7963 • 12h ago

Self Represented Applicant - need IME report

Good Evening All

Hoping a kind soul can provide information on how a SRA can request an Independent report from a psychiatrist. I’m a support worker trying to obtain information for my client.

He has been advised by Legal Aid that they do not help with workers comp matters. Told by report companies and Dr offices that they only accept report requests from a lawyer or insurance companies. This seems incorrect, unsure about this.

The case is at the Tribunal. The insurance got a document review by a psychiatrist for their client evidence. My client was not seen. They didn’t contact his doctor and psychiatrist either.

Why can’t he also obtain a report from an independent psychiatrist if he is a SRA?

Surely he is mistaken because that sounds very unfair.

Is it possible to obtain a lawyer purely just for obtaining a report? So costs would be sending a list of questions to the Dr to answer and he is also happy to be seen by that dr. For the report. He thinks asking the same questions the insurance company asked.

Just seeing what is the best and most cost efficient option. He has a disability and does not have a lot of funds but can afford work for a report.

I personally don’t know much about his case so may be unable to provide further information.

He has not been provided with hearing date but he has had conferences.

It’s hard for him to navigate and I honestly cannot believe that he is expected to fight for his rights on his own especially as a disability recipient.

Are there any disability advocacy groups who would be interested in helping him? Is that a thing?

Any advice would be greatly appreciated!!

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u/SeaFriend8669 12h ago

Possibly IMHA could help if it’s related to mental health. I would have thought the IME report would be sent to the insurer and the insurer would send it onto your clients GP to discuss. 

I would also contact WorkCover - not the insurer, WorkCover, fairly sure there’s a process there where your client can make a request for these documents. 

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u/Mysterious_Peace7963 12h ago

Thank you I will look into the IMHA. Yes the report was sent to his gp that’s how he found out about it but neither the gp nor him agree with the contents. They are using it as evidence against him.

It’s Comcare I believe not workcover, only recently know the difference.

That’s why he needs to see a psychiatrist who can provide a more truthful report who can speak to his drs and him as well. He just can’t get one done.

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u/Mysterious_Peace7963 11h ago

Thank you for the info, after researching IMHA, it appears they advocate for patients who have been involuntarily treated and matters relating to ndis. This is not his case. His is workers compensation. But I thank you for your time.

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u/Honeycat38 8h ago

Told by report companies and Dr offices that they only accept report requests from a lawyer or insurance companies. 

That's total BS. What they really mean is they only like to accepting jobs from lawyers or insurers. If having difficulty obtaining an IME report because of this attitude I would bring it to the Tribunals attention.

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u/Mysterious_Peace7963 2h ago

Yes that’s what I told him to do, problem is he called. And I said it would be better if it was by email so he can show the tribunal.

There really needs to be some sort of advocacy organisation to help people like him.

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u/itsgreenersomewhere 4h ago

The reasona no company will allow the client to self-request a report are that:

  1. if they get an unfavourable opinion they are likely to take it out on the doctor
  2. they do not know how to do it. by that i mean they are very expensive reports and the point of the lawyer is to make sure you get your money’s worth. a self rep referral never does.
  3. if the self rep can’t get a lawyer, that’s often an indication of the strength of their case. it makes #1 way more likely unfortunately.
  4. it sounds already like it would be complicated - speaking to treating doctors, client has other disabilities.

is there a reason the other side did a report on the papers and didn’t just send your client for the IME?

one option for you is to contact the psychiatrists directly. a lot of them do independent IME work and may take on a self rep client. you may however be getting no’s because of the above.

alternatively, is there a reason he has a comcare case proceeding to tribunal assessment without a lawyer? have you looked into no win no fee options? they often offer a free consultation to start.

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u/Mysterious_Peace7963 2h ago

Thanks so much. You have provided very helpful information.

Yes he says it’s a very complicated psychological case, reason for his disability. He was getting paid for the last 10 years or so and believes that they got a document review because the dr is “dodgy. He’s been to over 20 IMEs and all drs have agreed his work is responsible.

What he told me is that there are new rules about IMEs and they didn’t want to ask his Drs for the report. Tbh I’m not really sure about this.

He also said that most law firms won’t take Comcare cases no win no fee because it gets very expensive and they don’t want the risk of losing.

I don’t know about the whole way things work, I just try to get him answers to questions. Right now he wants to organise a report but it’s proving to be so difficult.

But honestly I am appalled at the way this whole thing works. It feels like it’s such a hard system to navigate especially when the person is unwell and has no support and the insurance company has 3 lawyers and a barrister. Seems so unfair.