This is a good article written by Peter. R. Osagz.. The argument is well presented. What is not clear is who is going to make the workplace more accommodating for disabled workers. We have seen instances of disabled workers contacting their insurance companies for help in trying out some kind of gadgets that will enable them to work in some way. The companies responded by cutting off benefits claiming that the worker is fully able to return to work.
This is an issue which , if done right, can help increase profits for the insurance company and help the disabled worker contribute to the economy.
This blog offers commentary on litigation pertaining to ERISA disability insurance claim denials.
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Wednesday, December 29, 2010
Adopting de novo standard of review of insurance denial still a far cry?
The standard of review adopted by a court in reviewing the decisions made by the insurance company or lower court is critical to the outcome of the case. Unfortunately, disability insurance companies frequently insert a clause in the policy document that allows the court to adopt a review that is most favorable to the insurance company. Potential customers should at least ensure that the policy document allows the courts to have, as far as possible, an unbiased standard of review.
For laypersons, more information about the standard of review here.
For laypersons, more information about the standard of review here.
Discovery: CIGNA forced to allow discovery after Glenn
Cigna attempts to block discovery but loses. It is interesting that some physicians seem to be repeatedly employed by multiple insurance companies. They always seem to concur that the claim is denied. Now why would that happen?
Full details here
Full details here
Senator Max Baucus takes cognizance of the inequity in ERISA disabiliy insurance
Full story here.
You can use websites like www.congress.org to send a mail to the lawmakers representing your area. As mentioned earlier in the blog, sweeping changes to legislation are a difficult task given the lobbying dollars and the reach of the insurance companies. Let us at least take baby steps by requesting the law makers to "require insurance companies to make full disclosure about the statistics of their approval / denial rates to their potential customers in the policy document"
Feedback from readers of this blog is welcome.
You can use websites like www.congress.org to send a mail to the lawmakers representing your area. As mentioned earlier in the blog, sweeping changes to legislation are a difficult task given the lobbying dollars and the reach of the insurance companies. Let us at least take baby steps by requesting the law makers to "require insurance companies to make full disclosure about the statistics of their approval / denial rates to their potential customers in the policy document"
Feedback from readers of this blog is welcome.
Labels:
congress,
max baucus,
media reports
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