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Disability Insurance: An Attorney's Perspective
Disability Insurance: An Attorney's Perspective
This guide is intended as a practical resource for dentists who think they might need to file a disability claim.
Blog By:
Edward Comitz
Edward Comitz

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The Disability Insurance Claims Process Part 6: Denials and Terminations
Posted 11/1/2021 by Edward Comitz in Disability Insurance: An Attorney's Perspective   |  Comments: 0  |   Views: 135
Our last post discussed what you need to do to keep your disability benefits once they have been awarded. Unfortunately, many dentists’ claims are denied, particularly in the early stages of the claims process. Insurance companies will also periodically attempt to terminate dentists’ disability...  Read More
Categories: Financial Planning and Investments
The Disability Insurance Claims Process Part 5: Claim Approval
Posted 10/1/2021 by Edward Comitz in Disability Insurance: An Attorney's Perspective   |  Comments: 0  |   Views: 90
In our last post, we finished our discussion regarding the investigation and evaluation stage of the disability insurance claims process. Hopefully, once you have submitted the required information and your claim has been evaluated, the insurance company will approve your benefits. This post...  Read More
Categories: Financial Planning and Investments
The Disability Insurance Claims Process Part 4: The Investigation Continues
Posted 9/1/2021 by Edward Comitz in Disability Insurance: An Attorney's Perspective   |  Comments: 0  |   Views: 97
Our last post discussed some of the ways the insurance company will attempt to gather your personal information once you have submitted your disability claim. In this post, we will discuss some of the other methods insurance companies use to evaluate your disability claim. THE INVESTIGATION...  Read More
Categories: Financial Planning and Investments
The Disability Insurance Claims Process Part 3: The Investigation Begins
Posted 8/1/2021 by Edward Comitz in Disability Insurance: An Attorney's Perspective   |  Comments: 0  |   Views: 130
In our last post, we finished up our discussion of the various disability claim forms that must be submitted when you file your claim. In this post, we will begin our discussion of the insurance company’s investigation into the merits of your claim. THE INVESTIGATION BEGINS Once the initial...  Read More
Categories: Financial Planning and Investments
The Disability Insurance Claims Process Part 2: More Claim Documentation
Posted 7/1/2021 by Edward Comitz in Disability Insurance: An Attorney's Perspective   |  Comments: 0  |   Views: 110
Our last post discussed a few of the disability claim forms that will need to be filled out when you initially file your claim. In this post, we will discuss the remaining disability claim forms that generally must be submitted at the time you file your claim. INITIAL CLAIM FORMS: PART 2 ...  Read More
Categories: Financial Planning and Investments
The Disability Insurance Claims Process: Part 1 - Initial Claim Forms
Posted 6/1/2021 by Edward Comitz in Disability Insurance: An Attorney's Perspective   |  Comments: 0  |   Views: 127
It goes without saying that disability insurance companies would prefer not to pay out disability claims. This is particularly true if the disability policy is a high paying policy belonging to a dentist.  Unfortunately for dentists, most disability policies grant the insurance company substantial...  Read More
Categories: Financial Planning and Investments
My Disability Insurance Company Wants to Send A Field Examiner to My House – Do I Have to Let Them In?
Posted 3/27/2020 by Edward Comitz in Disability Insurance: An Attorney's Perspective   |  Comments: 0  |   Views: 185
Also see . Most policies do require provisions that require you to submit to in-person examinations. However, there is also typically a “reasonableness” requirement. An experienced disability attorney can evaluate your claim to determine whether an examination is appropriate under the circumstance...  Read More
My Insurer Says I Have to Undergo an IME But I Don’t Want to Get Coronavirus
Posted 3/27/2020 by Edward Comitz in Disability Insurance: An Attorney's Perspective   |  Comments: 0  |   Views: 139
Most policies contain provisions that require you to submit to medical examinations and allow the company to terminate benefits if you do not attend. Some policies only allow for a limited type of exams, while others contain provisions that go on for several paragraphs outlining the several types...  Read More
I Am Stuck Out of the Country and Can’t Get Back – Can My Disability Insurance Company Cut Off My Disability Benefits?
Posted 3/26/2020 by Edward Comitz in Disability Insurance: An Attorney's Perspective   |  Comments: 0  |   Views: 129
Some policies, particularly newer policies, contain “foreign residency” provisions that require you to be in the U.S. (or sometimes, the U.S., Canada or Mexico) in order to remain eligible to receive disability benefits. Oftentimes, the disability policy will allow for a certain period of time that...  Read More
I Can’t Get My Doctor to Complete My Disability Paperwork – What Do I Do?
Posted 3/26/2020 by Edward Comitz in Disability Insurance: An Attorney's Perspective   |  Comments: 0  |   Views: 143
See  Under certain circumstances it may be possible to request extensions and/or get the insurer to agree to accept proof of loss in other formats, such as medical records, test results, etc. However, it is important to be wary of the disability insurance company offering to do peer-to-peer calls...  Read More
How Do I File a Disability Claim if I Can’t Get in to See My Doctor?
Posted 3/26/2020 by Edward Comitz in Disability Insurance: An Attorney's Perspective   |  Comments: 0  |   Views: 172
Most disability insurance policies require you to produce proof of loss within a limited time frame and state that the company can limit or deny providing you with disability benefits if you do not provide the information within that time frame. However, there are legal rules that allow for delay...  Read More
Should I Try to File for Unemployment or Get Another Job Until I Can Go Back to Dentistry?
Posted 3/25/2020 by Edward Comitz in Disability Insurance: An Attorney's Perspective   |  Comments: 0  |   Views: 203
If you try to find another non-clinical job, you risk modifying your occupation. See  While unemployment benefits vary from state to state, barring significant changes to the programs, it is unlikely that these sorts of benefits will allow dentists to meet their expenses if dentists are forced to...  Read More
If I file a Partial Disability Claim How Do They Calculate Loss of Income? What If My Income Goes Down Because of Coronavirus?
Posted 3/25/2020 by Edward Comitz in Disability Insurance: An Attorney's Perspective   |  Comments: 0  |   Views: 225
Each disability insurance policy has a different formula for calculating prior income and loss of income. Some policies look to the year or 24 months immediately prior to date the disability claim was filed, other policies use averages over a several year period, and some policies give dentists the...  Read More
If I Change the Volume and/or Types of Procedures I’m Doing, Will that Hurt My Chances of Using My Disability Policy?
Posted 3/25/2020 by Edward Comitz in Disability Insurance: An Attorney's Perspective   |  Comments: 0  |   Views: 162
It could. While most policies sold to dentist are “own occupation” policies, the term “occupation” is a malleable term. Typically, “occupation” is defined as the “occupation or occupations” you were engaged in immediately prior to your date of disability.   As we’ve explained in our prior articles...  Read More
If I Close My Office Will That Hurt My Chances of Using My Disability Policy?
Posted 3/24/2020 by Edward Comitz in Disability Insurance: An Attorney's Perspective   |  Comments: 0  |   Views: 133
It could. See  Read More
Can I File a Disability Claim if My Office Has Already Closed?
Posted 3/24/2020 by Edward Comitz in Disability Insurance: An Attorney's Perspective   |  Comments: 0  |   Views: 128
Yes, but your claim will likely receive heightened scrutiny—particularly if you worked normal hours seeing roughly the same number of dental patients up until your office was closed due to coronavirus. Many disability policies require you to prove that your disability (or loss of income resulting...  Read More
Do I Lose My Disability Coverage If I’m Not Working?
Posted 3/24/2020 by Edward Comitz in Disability Insurance: An Attorney's Perspective   |  Comments: 0  |   Views: 145
It depends. Some disability policies (most often employer policies or group/association policies) have a requirement that you must remain “actively at work” or working “full-time” in order to stay eligible for coverage. While sometimes “full-time” is defined, other policies, like the ADA/Great-West...  Read More
Filing for Disability Insurance Benefits In the Wake of Coronavirus: What Every Dentist Should Know
Posted 3/24/2020 by Edward Comitz in Disability Insurance: An Attorney's Perspective   |  Comments: 0  |   Views: 169
Now that the COVID-19/Coronavirus epidemic has reached the U.S. and spread throughout the country with no end in sight, dentists are being forced to face the reality that they may have to go without income for weeks, or maybe even months. Some states, like California and New York are ordering...  Read More
Claim Tip 12 - What is the "Dual Occupation" Defense, and Why Does it Matter?
 
Posted 9/1/2018 by Edward Comitz in Disability Insurance: An Attorney's Perspective   |  Comments: 0  |   Views: 665
In this post, we’ll be taking a look at one of the common misconceptions dentists have about their disability policies. If you have applied for disability insurance yourself, you know that part of the underwriting process involves you disclosing your profession (i.e. dentistry), and you may also be...  Read More
Claim Tip 11 - Why It Can Be a Bad Idea to Put Off Filing a Disability Claim – Part 3
Posted 8/1/2018 by Edward Comitz in Disability Insurance: An Attorney's Perspective   |  Comments: 0  |   Views: 613
In our last two posts, we discussed the importance of knowing when to file a disability insurance claim, and explained that certain actions dentists take before filing can make collecting benefits more difficult or even result in the denial of a claim. In this final post in this series, we will...  Read More
Claim Tip 10 - Why It Can Be a Bad Idea to Put Off Filing a Disability Claim – Part 2
Posted 7/1/2018 by Edward Comitz in Disability Insurance: An Attorney's Perspective   |  Comments: 0  |   Views: 560
In our last post, we discussed the importance of knowing when to file a disability insurance claim, and explained that certain actions dentists take before filing can make collecting benefits more difficult or even result in the denial of a claim. In this post, we’re going to talk about a few more...  Read More
Claim Tip 9 – Why It Can Be A Bad Idea to Put Off Filing a Disability Claim - Part 1
Posted 6/1/2018 by Edward Comitz in Disability Insurance: An Attorney's Perspective   |  Comments: 0  |   Views: 592
In our experience, many dentists we speak with put off filing a disability claim, even when they know in their heart that they’ve reached the point where they need to step away from practicing. Some dentists are reluctant to stop practicing because it has long been part of their identity, they...  Read More
Claim Tip 8 – Common Challenges Faced by Dentists After Filing a Claim Based on Anxiety
Posted 5/1/2018 by Edward Comitz in Disability Insurance: An Attorney's Perspective   |  Comments: 0  |   Views: 605
In our last several posts we have discussed how anxiety among dentists is quite common and can reach a level that may require stepping away from dentistry and filing a claim. In this final post in this series, we will be examining some of the common challenges experienced by dentists who file...  Read More
Claim Tip 7 – Disabling Anxiety v. “Burn Out”: What Is the Difference, Why Does it Matter, and When is it Time to File?
Posted 4/1/2018 by Edward Comitz in Disability Insurance: An Attorney's Perspective   |  Comments: 0  |   Views: 631
By the time they finish dental school, most dentists are familiar with the concept of "burn out" and recognize that they have chosen a profession that can be particularly stressful at times. In fact, many of the dentists we consult with initially describe what they're experiencing as "burn out."...  Read More
Claim Tip 6 - Are Disability Claims Involving Anxiety/Panic Disorder Treated Differently than Other Claims?
Posted 3/1/2018 by Edward Comitz in Disability Insurance: An Attorney's Perspective   |  Comments: 0  |   Views: 723
This is another common question our office receives from dentists who suffer from anxiety and/or panic attacks and are thinking about filing a disability claim.  Generally speaking, in our experience, we find that insurance companies subject mental health claims to heightened scrutiny, and that...  Read More
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