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February, 2012

Someone to Lend a Hand When You're Hurting

By Art Fries, RHU

These new kids on the block, disability-claims consultants, carefully watch over the progress of filed claims.

Would you go to court without an attorney? Would you file a tax return without the help of a CPA? Would you perform surgery to amputate your leg, when a surgeon might be a more appropriate person for the job? Most of us would answer no to these questions.

But, what if you have a disability claim? Are you prepared to go up against Goliath ... the giant money machine that is ready to step on you and bury you, as if you were an ant?

Seems as if you may need help. Shazam ... the disability-claims consultant. They are few in numbers, if you can find them at all. Yet, they cost no more than most other professionals who provide the type of service you so readily need and deserve. There are three areas of consideration, the third of which might help you to secure many thousands or millions of dollars, should you have a disability claim.

How do you think your disability claim will be handled? What is the reality? What might you expect a disability-claims consultant to do on your behalf?

As an example, did the home office ask the proper questions and record the proper answers in the telephone interview conducted during the underwriting process? Was the person asking the questions qualified to interpret the answers?

Did the underwriter want to clear his desk when your original application for coverage was being considered? Did he not bother getting an attending physician's statement, because it was just prior to Christmas holiday and he wanted to get the policy issued and paid for and on the books before year's end? Might an underwriting manager have requested this of all underwriters in the department to look good on the charts for that week?

Have you ever really thought about the potential payout on the part of the insurance company? The company certainly knows, since it set up a "reserve" for the future:

Example: a 45-year-old professional with a lifetime payout and a $10,000 monthly benefit might be looking at $3.5 million or more over the next 30 years, and, in many cases, this money is tax-free! Doesn't this large amount of potential money warrant that you secure the best possible advice to substantiate your claim? With the insurance company now having access to experts in the areas of video surveillance, CPAs, psychiatrists, etc., shouldn't you also be hiring an "expert" to try and level the playing field?

Unfortunately, at this time, there are very few agents/brokers who can provide the in-depth advice necessary with respect to a new or terminated claim. Insurance companies will continue to sharpen their guillotines and build their arsenal of hydrogen bombs in readiness to blow you away at claim time.

Bottom Line: If you are having difficulty collecting, or the insurance company is having you run around in a circle like a dog chasing its tail, you need help. If you are terminated from an existing claim, you also need help. This is a serious war, and, as previously indicated, millions of dollars might be at stake.

Even after you have worked with a consultant, should your claim be denied or terminated, you might still have legal recourse through the courts. The consultant can provide copies of his/her notes and observations to an attorney of your choice, or the consultant might be able to recommend several attorneys who have experience in dealing with disability claims. Attorneys like working with consultants, since it can strengthen their case and also provide an excellent source of education and information.

How do you think your disability claim will be handled?

  • You will complete and submit whatever claim forms are provided to you by the insurance company.

  • You will give your attending physician(s) forms to complete and return them to the insurance company.

  • You will expect to receive a monthly check in timely fashion for the duration of your claim.

  • What is reality?

  • Most claimants, after completing their claim forms, will immediately and unknowingly prejudice their rights.

  • Most attending physicians, even with the best of intentions, also will prejudice your rights ... and won't even know it. Most attending physicians have never been educated about the difference between a Workers' Compensation claim, an individual or group disability claim or Social Security disability claim.

  • You may be requested to have an IME (independent medical evaluation). How should you conduct yourself at this exam? What should you bring with you? Will the examiner, hired and paid for by the insurance company, be as objective as you might wish? Will he/she be fair? Is there anything you can do from an observation standpoint?
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