Rejection of a further assessment by the insured person as a "second opinion"

Facts

N., born in 1960, contacted the IV office of the canton of Thurgau on September 18, 2006, citing an accident on November 9, 2003 with a cervical spine distortion, to claim benefits and applied for a pension. In the course of the medical clarifications, the IV office obtained an expert opinion. On February 3, 2009, the IV office informed the insured person that a further assessment by the Medical Clarification Office (MEDAS) X. was necessary. However, the insured person refused to undergo another assessment, as this would amount to obtaining an inadmissible "second opinion".

The IV office then issued an "interim decision" in which it insisted on the assessment. The insured person filed a complaint against this decision, which was dismissed by the Administrative Court of the Canton of Thurgau. The insured person then appealed to the Federal Court.

Considerations

The Federal Court states that the order for an assessment by the insurance carrier does not generally constitute an appealable interim decision, as the insured person does not suffer an irreparable disadvantage from such an order. Only interim decisions on formal grounds for recusal are independently appealable.

The Federal Court confirms its previous case law, according…