Tag Archives: total disability

Surgeon Who Can’t Perform Surgeries May Not be “Totally Disabled,” Says Court

In our previous post, we looked how one California court analyzed the interpretation of “total disability” as applied to a gynecologist’s claim for disability benefits.  In this post, we look at another California case, Gross v. UnumProvident Life Ins. Co., … Continue reading

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Court Says Doctor Still Performing Minor Surgeries Not Disabled

Under California law, an insured claiming coverage under an insurance policy has the burden of proving entitlement to such coverage.  See Royal Globe Ins. Co. v. Whitaker, 181 Cal.App.3d 532, 537, 226 Cal.Rptr. 435, 437 (1986).  Therefore, in the disability … Continue reading

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DISABILITY INSURANCE AND THE PHYSICIAN: CAN YOU COLLECT ON YOUR POLICY?

You have worked as a physician for your entire career.  Your spouse and children rely on you, and you have numerous financial obligations both at home and at the office.  The stress and trauma of a disability can cause you … 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 #6)

MISTAKE NO. 6: Engaging in Inadequate Communication with Treating Physician Physicians should not immediately inform their treatment provider that they are considering applying for a disability insurance benefit. They should wait until after several visits. Because physicians often hesitate to … Continue reading

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The 10 Biggest Legal Mistakes Physicians Make When Filing a Disability Claim (Mistake #7)

Next in the list of The 10 Biggest Legal Mistakes Physicians Make When Filing a Claim for Disability: MISTAKE NO. 7: Quantifying Time Insurance companies ask physicians to quantify their time among activities and then investigate whether the physician is … Continue reading

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The 10 Biggest Legal Mistakes Physicians Make When Filing a Disability Claim (Mistake #8)

Next in the series of the the 10 Biggest Legal Mistakes Physicians Make When Filing a Claim for Disability is Mistake #8: MISTAKE NO. 8: Ignoring the Possibility of Surveillance Insurers commonly use surveillance to catch physicians who have filed … Continue reading

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Presenteeism: When Doctors Don’t See Doctors

A recent article in the Journal of the American Medical Association suggests that presenteeism—working while sick—has reached epidemic proportions among doctors. The study found that three out of five residents had continued working while sick.  At one hospital, 100% of … Continue reading

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In Today’s Uncertain Financial Environment, How Difficult Will It Be for You to Collect on Your Disability Policy?

In the July/August 2010 edition of The Journal of Medical Practice Management, Ed Comitz discusses the difficulties that physicians face in collecting under their disability insurance policies in today’s economy. The full article is indexed in Medline and can also … Continue reading

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The 10 Biggest Legal Mistakes Physicians Make When Filing a Disability Claim (Mistake #9)

Continuing with the countdown of The 10 Biggest Legal Mistakes Physicians Make When Filing a Claim for Disability: MISTAKE NO. 9: Accepting the Insurer’s Statement that Subjectively Diagnosed Conditions Are Not Covered Disability insurance companies commonly insist that subjective symptoms, … Continue reading

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