Disability Insurance Lawyer Blog

Long Term Disability Insurance and the Physician Practice

Jason Newfield and Justin Frankel spoke with publisher Nancy Collins for a SoundPractice Podcast that followed their article in the January/February issue of The Journal of Medical Practice Management.   Frankel & Newfield  discussed the meaning of "dual occupation" in the claims process, the importance of specialty language, common misconceptions about the specialty letter, the definition of residual claims and why they matter, opportunities and pitfalls to backdating of claims, and the major misconceptions surrounding group disability policies, private policies and association policies. 

Disability Insurance Law - Why You Can't Do This Alone

When confusing symptoms experienced by Charles Tucker, a 48 year old accountant from Florida, were finally identified as Multiple Sclerosis, he filed a claim for disability benefits from Standard Insurance Company.  Standard didn't deny the claim outright, but instead strung him along for five months.  Tucker obtained his medical records and was stunned to learn that a reviewing doctor on Standard's payroll who never met him had made the determination that there wasn't enough medical evidence that he had MS.  This is standard operating procedure for disability insurance companies. Tucker contacted Good Morning America about his problem, and one day after the national morning show put Standard Insurance under its bright lights, Tucker's claim was approved.

Moral of the story:  the disability insurance companies have nothing to lose by delaying and denying claims.  If a policyholder doesn't pursue a claim, there's more revenue in their pockets.   They'll wait until you start fighting back - and hope that you won't.  Call our offices today to learn how we can help you fight for your benefits. 

Bad Faith Claims in New York? You gotta believe.

After years of frustration due to an inability to bring claims against disability insurance companies for bad faith damages, based upon the breach of the covenant of good faith and fair dealing, it appears as if New York is joining a host of other states in permitting such claims to be pursued.

A recent case from the Northern District of New York federal court has permitted a claimant to pursue her claim against Mass Mutual for bad faith, and seek consequential damages.  Chernish v. Mass Mutual.  The claimant survived a motion to dismiss filed by Mass Mutual, and is permitted to seek both consequential damages and attorneys fees against Mass Mutual.

Perhaps now insurance companies dealing with New York claimants will afford claims the appropriate consideration and will cease acting against claimants with virtual immunity from any meaningful claims.  If your insurance claim has been wrongfully delayed or denied, please feel free to contact us to review how we can assist you in securing your benefits.