Tag Archives: insurance industry

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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Disability Claims in Today’s Economy

In this economy, filing a disability insurance claim can be daunting. Insurers have a strong incentive to deny payment of “high-end” claims (such as those filed by medical professionals) in order to protect their bottom line. A few tips can … Continue reading

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Disability Claims and Social Media: Be Careful What You Post On Facebook

The Los Angeles Times reports today about an old tactic, in a new form, that insurers use to support their efforts to deny or terminate disability insurance claims.  Insurers frequently use surveillance as a tool in their strategy to deny … 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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Facebook Photos Result in Termination of Disability Benefits

The CBC has reported that Nathalie Blanchard, who was on long-term disability leave from her job at IBM due to depression, had her monthly benefits terminated after she posted photographs of herself on Facebook that depicted her vacationing, having fun at … Continue reading

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Disability Insurance: Who Gets Denied?

According to disability insurance attorney Ed Comitz, the answer is individuals with neck and back pain. Musculoskeletal disorders are 23% of new disability claims, says the Council for Disability Awareness, an insurance industry trade group. Those filing a claim for … Continue reading

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The 10 Biggest Legal Mistakes Physicians Make When Filing a Disability Claim (Mistake #2)

Continuing with the list of the Ten Biggest Legal Mistakes Physicians Make is Mistake #2. MISTAKE NO. 2: Misunderstanding the Definitions of “Disability” and “Occupation” The definition of “disability” varies from policy to policy, as there is no standardization among … Continue reading

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The 10 Biggest Legal Mistakes Physicians Make When Filing a Disability Claim (Mistake #3)

Continuing with the list of the Ten Biggest Mistakes Legal Mistakes Physicians Make When Filing a Claim for Disability is Mistake #3. MISTAKE NO. 3: Insufficient Documentation. When submitting a claim, physicians must keep meticulous records of all communications with … Continue reading

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The 10 Biggest Legal Mistakes Physicians Make When Filing a Disability Claim (Mistake #4)

MISTAKE NO. 4: Blindly Attending an Independent Medical Exam   Insurers may ask physicians to agree to undergo an “independent” medical examination, where the insurer chooses and pays the person conducting the examination. This person may not even be a … Continue reading

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The 10 Biggest Legal Mistakes Physicians Make When Filing a Disability Claim (Mistake #5)

Mistake #5 in the list of the 10 Biggest Legal Mistakes Physicians Make When Filing a Claim for Disability is: MISTAKE NO. 5: Believing All Mental Conditions Are Excluded or Subject to Limitations Many disability insurance policies terminate benefits for … Continue reading

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