Posted On: May 21, 2008

The Importance of Occupational Definitions in Long Term Disability Policies

Most Long Term Disability policies only provide benefits for a limited time while the insured is disabled from his or her own occupation. This time period is known as the "own-occupation" period. Typically, it is easier for a policy holder to meet this definition of disability because he or she only need establish that they cannot perform the duties of a single occupation-their own. For instance, in a recent case we handled, a registered nurse who was in a serious car accident and suffered a back injury was found disabled because she could not stand on her feet for eight hours and had lifting restrictions that prevented her from assisting patients in and out of bed.

However, after a limited time, usually 24 months, the typical policy provides that benefits are only payable if the insured is disabled from performing any occupation. The Long Term Disability insurance companies normally perform a complete review of every claim when the definition changes and will often use this change to terminate benefits finding that the insured can perform some job. Frequently some nonexistant job for some nonexistant company.

Accordingly, anyone looking to purchase Long Term Disability Insurance should be aware of this important issue.

Posted On: May 13, 2008

Long Term Disability Insurer-Unum paying the price

Long Term Disability Insurer, Unum Provident, appears to be complying with the terms of the Multi-State Regulatory Settlement Agreement according to Eric Dinallo, the New York Insurance Superintendant.

In November 2004 Unum, the Department of Labor and a number of states entered into a settlement agreement requiring Unum to pay a $15 Million dollar fine and reassess thousands of claims as a result of Unum's unfair claims handling practices.

Recently, an examination of Unum's reassessment practices determined that Unum appeared to be complying with the terms of the Regulatory Settlement Agreement. More than 23,000 claims have been reassessed with 41.7 % resulting in reversal with a payout of over $676 million dollars in additional long term disability benefits.

Posted On: May 5, 2008

Long Term Disability Insurance-things to think about

Not all long term disability policies provide the same quality, type, degree and level of coverage.
The Consumer Federation of America has a nice article discussing various aspects to consider before purchasing a Long Term Disability Insurance Policy.

Posted On: May 2, 2008

Michigan Long Term Disability Insurance Discretionary Clauses voided by Court

Recently, the US District Court (Judge Richard Enslen) upheld the Michigan Insurance Commissioner's right to prevent any Long Term Disability Insurer from including discretionary clauses in their insurance contracts in the case American Council of Life Insurer's v Waters.

This could be a tremendously important decision for anyone with a long term disability claim. For years now the insurance companies have included clauses giving themselves the discretionary authority to interpret and enforce the provisions of their own insurance policies. The natural result of this power grab was to restrict the Court's ability to review the appropriateness of the insurance companies decisions. As a result countless otherwise meritorious claims were denied. The insurance companies racked up huge profits while the individuals who filed claims lost their homes and were forced into poverty.

It remains to be seen whether this well reasoned decision is upheld on appeal. The AARP filed an amicus brief in support of the Michigan Insurance Commissioner.