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Disability Wiki.

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The Disability Wiki

Welcome!  The Disability Wiki is an internet-based resource that addresses in one place your questions and concerns about disability benefits, disability insurers, your illness, your occupation, and filing a claim, appeal or litigation.  In other words, a "Wikipedia" for disability claims.  If you would like to automatically receive new posts, please subscribe below.

 

 

Category: Policies

Who is Eligible for Long Term Disability?

Policies Eligibility

Having insurance of any sort is an interesting proposition. Whether required by law or optional or whether it's provided by one’s employer or purchased privately, most people acquire various policies protecting different interests all with the hope of never having to be in the position of needing the benefits the policy coverage provides. However, as obvious as it may seem to the person making a claim for long term disability benefits that they are disabled and cannot work, it is the insurance carrier who makes that decision.  As our NY disability attorneys can attest, many claimants are surprised to learn that they have had their claim denied.

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NYS to Prohibit Discretionary Clauses

News Policies Standard of Review Discretionary Authority

The New York State Insurance Department has issued a proposed regulation prohibiting insurers from placing discretionary clauses in insurance policies. This regulation is hugely important to long term disability claimants. If this regulation becomes law, it would enable courts to fully scrutinize the claim determinations of insurance companies. Under the current law, a court will only overturn a claim denial if the insurance company's determination is an abuse of discretion. This regulation would constitute a turning point in this area of the law.

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