Tag Archives: ERISA

Once ERISA, Always ERISA: How and why to avoid having your disability insurance policy controlled by The Employee Retirement Income Security Act of 1974

Disability insurance carriers have increasingly used The Employee Retirement Income Security Act of 1974 (ERISA) to their advantage.  While ERISA was supposed to be for the protection of employees, it is actually being used to protect insurance companies and employers. … Continue reading

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Which Type of Disability Insurance Policy Do You Own?

Disability insurance policies come in several types. The type of policy you purchase affects your legal rights and the benefits you may receive. Here is an overview of the basic types of disability insurance policies. Individual Disability Insurance: As the … Continue reading

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What is the difference between an “own-occupation” disability insurance policy and an “any-occupation” policy?

The language in disability policies varies greatly from company to company, and each policy must be reviewed separately to determine the insured’s rights under the policy. Generally speaking, though, an “own-occupation” policy will define “total disability” as a condition that … Continue reading

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Texas Forbids Discretionary Clauses in Insurers’ Policies

The Texas Department of Insurance has promulgated new regulations prohibiting discretionary clauses in health, life, and disability insurance polices in Texas. Discretionary clauses give insurers sole discretion in deciding whether to approve or deny benefits, and affects the standard that … Continue reading

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Regulate Yourself: Physicians Underreport Impaired Colleagues

A study by the Journal of the American Medical Association (JAMA) suggests that physicians often do not report colleagues suffering from a disability. Patients are instead forced to rely upon their doctor’s own assessment of his health; this can endanger patients … Continue reading

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Arizona Disability Advocacy Coalition Honors Cottonwood Grocery Store

The Safeway grocery store in Cottonwood, Arizona was recently honored at the Arizona Disability Advocacy Coalition’s ADA Gala.  The store received the Justice and Equality Employment Liberty Award as “a community member or organization that has made a positive, proactive … Continue reading

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Why Is It So Hard to Collect on My Disability Insurance Policy?

Phoenix disability insurance attorney Ed Comitz’s article, “Why Is It So Hard to Collect on My Disability Insurance Policy? Avoiding Mistakes when Filing a Claim, was published by Whitehall Management in its May/June 2010 Newsletter magazine. In the article, Ed … Continue reading

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Colorado Enacts Legislation Blocking Bonuses for Denials

In March 2010, the Colorado Senate proposed legislation aimed at prohibiting insurers from paying bonuses or other financial incentives to claims adjusters for denying or delaying meritorious claims or medical care. The legislation was prompted by a 60 Minutes investigative … Continue reading

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Too Sick to Work? They Disagree

SmartMoney Magazine has a shocking article in the February 10, 2010 edition regarding the tactics of insurance companies in fighting with disabled insureds over whether they are “too sick to work.” For Lori Dawson, the calls of concern would come … Continue reading

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How Much Disability Insurance Should You Have?

How much disability and long-term care coverage do you need? Health problems may be a common cause of forced retirement, but what do you look for in a policy? In a DoctorPlanning.com article, “Planning for Possible Health Problems: How Much … Continue reading

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