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THE DENTIST DISABILITY INSURANCE CLAIM LEGAL BLOG

This blog is designed as a resource for dentists whose insurance carriers have wrongfully denied their disability insurance claims or attempted to stop paying benefits.

It is part of our firm's commitment to service to keep dental professionals (and others) apprised of industry, regulatory and legislative changes. If you would like more information about our firm or the timeliness/impact of disability insurance denials on dentists in particular, please feel free to visit our disability claim attorney website at http://www.disabilitycounsel.net/.

Ed Comitz Scheduled to Speak at Western Regional Dental Convention: “Disability Insurance: Will It Be There When You Need It?”

December 20, 2011 | Comitz | Beethe News | Comments Off

Ed Comitz will be a speaker at the 2012 Western Regional Dental Convention, which will be held at the Phoenix Convention Center on March 29-31, 2012. Mr. Comitz’s course is scheduled for 9:00 a.m. to 12:00 p.m. on Friday, March 30, 2012. The course is free, counts for 3 CE credits, and the subject matter is: “Disability Insurance: Will It Be There When You Need It? Choosing Policies, Pursuing Benefits and Litigating Claims.”

Registration for the Convention is online at http://www.westernregional.org/2012/ and the full course listing is available at http://www.westernregional.org/2012/Attendee/Courses.asp. The Disability Insurance course is Course F13.

The full course description is:

One-third of Americans will become disabled long enough to be eligible for disability insurance benefits. That number may be even higher for dentists. This course will discuss the key provisions in disability insurance policies and their interpretation; precisely how insurance claims are investigated and administered; why it is even more difficult for dental professionals to have a claim accepted for payment in the current financial environment; and the regulatory overhaul of the nation`s largest carrier following investigative segments on 60 Minutes and Dateline.

Learning Objectives:
• Participants will understand their policies, the claims process, and Arizona law, and will be able to approach the claims process in an informed manner;
• Have an understanding of the history of the disability insurance industry and its recent changes;
• Understand the top 10 mistakes made when filing claims for disability insurance benefits and how to avoid them.

Comitz | Beethe will also be an exhibitor at the Western Regional Dental Convention, as it has been for many years. We hope to see you there!

The disability insurance attorneys at Comitz | Beethe provide legal representation to protect the disability benefits of medical and dental professionals nationwide and throughout metropolitan Phoenix, Scottsdale, Tucson, Flagstaff and Yuma. We provide disability income claim advice, assistance with filing disability claims, including completion of disability claim forms and representation in disability insurance litigation.

Article by Ed Comitz this month in the Arizona Dental Association’s Publication “Inscriptions” re Whether Your Disability Insurer Can Dictate the Terms of Your Care

October 14, 2011 | Disability Insurance Attorney, Filing Disability Claims, Publications/Articles | Comments Off

Inscriptions, the monthly publication of the Arizona Dental Association, features an article in the October issue by disability insurance attorney Edward Comitz and Comitz | Beethe summer associate Michael Vincent. The article analyzes the question of whether the terms of your disability insurance policy give your insurance carrier the authority to make the decisions about your course of medical treatment. Terms such as “appropriate medical care” can have surprising implications within the context of insurance policy.

The full article can be read here: Inscriptions 10-2011 Your Insurance, Their Terms.

The 10 Biggest Legal Mistakes Dentists Make When Filing a Disability Claim (Mistake #8)

October 10, 2011 | 10 Biggest Mistakes, Disability Claim Denials, Filing Disability Claims, Publications/Articles | Comments Off

Next in the series of The 10 Biggest Legal Mistakes Dentists Make When Filing a Claim for Disability, adapted from a publication written by disability attorney Ed Comitz’s, published by SEAK, Inc., 2005, is Mistake #8:

MISTAKE NO. 8: Ignoring the Possibility of Surveillance

Insurers are likely to videotape or photograph dentists who have filed for disability insurance benefits. Dentists who engage in any activities that they claimed they could not perform and are caught on tape are likely to have their benefits denied and the contract could be terminated.

Action Step: Dentists should not compromise their policy benefits by submitting a fictitious claim.

American Dental Association’s “Guide to Closing a Dental Practice”

October 5, 2011 | Business, Filing Disability Claims, Resources | Comments Off

For dentists and other healthcare professionals considering filing a disability insurance claim, the decision to close a practice can be heart-wrenching and complex. The American Dental Association has published a guide that gives an overview of the issues and some helpful tips for starting the process.

The guide can be viewed in full at the ADA’s website at this link: http://www.ada.org/sections/professionalResources/pdfs/topics_disability_closingpractice.pdf

Among its recommendations is to seek competent professional advice before beginning the process: “Dentists and others considering closing a practice should always seek professional advice. Advisors could include an attorney, accountant or dental practice valuator…It is always a good idea for a dentist to make plans in advance for the sale or closing of the dental practice due to their disability.”

Practice transitions can be complicated, especially for a dentist or doctor simultaneously facing a debilitating medical condition. You may face issues such as regulatory compliance, personnel and human resources concerns, state licensing, disciplinary actions, independent contractor and/or managed care agreements, and collections. Healthcare professionals considering a practice sale or closure due to disability should always seek an attorney with experience in the field to counsel on the timing and structure of the transition.

The Ethical Component in Knowing When It’s Time to File a Disability Claim

September 26, 2011 | Disability Claim Denials, Disability Insurance Attorney, Filing Disability Claims | Comments Off

The dentist considering a disability insurance claim is faced with a difficult decision: is it really time to look after his own health, or should he just keep working through the pain? An article by Richard Gunderman, a Professor at Indiana University’s School of Medicine, in American Medical News’ Ethics Forum argues that, while doctors should not be too preoccupied with their own health, they must also consider the safety of their patients: “As physicians, we bear a duty to recognize our own health-related limitations and take appropriate steps to safeguard those that depend on us.”

On the one hand, a physician’s or dentist’s disability or impairment may be so severe that he sincerely doubts his ability to safely care for his patients. He may already be working fewer shifts, seeking work accommodations, delegating tasks to his colleagues, and struggling to work around his disability. He might genuinely fear that when the pain is at its worst, his patients’ health is at risk.

On the other hand, the mere pursuit of a disability insurance claim can be taxing. Insurers often resort to ruthless tactics to undermine a medical professional’s credibility and tear holes in legitimate evidence of disability just so that they can deny the claim and save a dollar.

Read the rest…

The 10 Biggest Legal Mistakes Dentists Make When Filing a Disability Claim (Mistake #9)

September 23, 2011 | 10 Biggest Mistakes, Disability Claim Denials, Filing Disability Claims, Publications/Articles | Comments Off

Continuing with the countdown of The 10 Biggest Legal Mistakes Dentists Make When Filing a Claim for Disability:

MISTAKE NO. 9: Blindly Accepting that Subjectively Diagnosed Conditions Are Not Covered

Disability insurers often deny benefits by insisting that the insured’s subjective symptoms do not provide objective, verifiabe evidence of disability. In many cases, there is no provision or contractual requirement mandating that the insured submit objective evidence of disability. Therefore, from the insured’s perspective, these insurance companies are merely trying to save money by generously interpreting policy language in favor of a claim termination. Notwithstanding the subjective nature of a particular condition, the insured may be able to secure benefits with ample evidence bearing on the extent and severity of his or her limitations, which is far more important than providing a definitive diagnosis.

Action Step: The severity and extent of the limitations are more important than an objectively verifiable diagnosis and must be fully communicated to a dentist’s insurer.

The 10 Biggest Legal Mistakes Dentists Make When Filing a Disability Claim (Mistake #10)

September 19, 2011 | 10 Biggest Mistakes, Disability Claim Denials, Filing Disability Claims | Comments Off

In this series of posts, we will be counting down the The 10 Biggest Mistakes Dentists Make When Filing a Claim for Disability, adapted from an article written by disability insurance attorney Ed Comitz and published by SEAK, Inc., 2005.

MISTAKE NO. 10: Tossing Out Application, Policy, and Claims Documents

From the time of application forward, dentists should keep copies of everything (including notes from meeting with the insurer’s sale representative or agent, the policy application, and the policy itself). If the sales representative provided a letter or verbal representation that the dentist jotted down, those notes can go a long way if the insurer says that the policy says something different. Similarly, information that the dentist provided on the application may have a bearing on his or her reasonable expectations at the time of purchase.

Action Step: Dentists should keep all of the disability insurance papers and notes in an organized file.

Ed Comitz and the disability insurance attorneys at Comitz | Beethe protect the disability insurance benefits of dentists and healthcare professionals nationwide. Our Arizona practice focuses on the cities of Phoenix, Scottsdale, Tucson, Flagstaff and Yuma. We provide disability income claim advice, assistance with filing disability claims, including completion of disability claim forms and representation in disability insurance litigation.

FCC Proposes Improvements in Advanced Communications for Consumers with Disabilities

March 18, 2011 | Resources | Comments Off

Back in October 2010, President Barack Obama signed the Twenty-First Century Communications and Video Accessibility Act of 2010 (“CVAA”), which has been characterized by the FCC as the “most significant piece of accessibility legislation since the passage of the Americans with Disabilities Act of 1990.” The intent of the CVAA is to bring existing communications statutes up to date to guarantee that disabled persons are able to fully utilized the benefits of modern communications technologies.

In March 2011, the FCC issued three Notices of Proposed Rulemaking to assist in implementing the CVAA and ensuring that persons with disabilities can fully enjoy the conveniences of such modern technologies as wireless handsets, Internet access, e-mail, text messaging, and video conferencing. A press release summarizing the proposed rule updates is available in PDF format by clicking here: FCC Press Release.

If you are interested in reading the full text of the Twenty-First Century Communications and Video Accessibility Act of 2010, the CVAA and its history are available at this link: http://www.govtrack.us/congress/bill.xpd?bill=s111-3304

The disability insurance attorneys at Comitz | Beethe provide legal representation to protect the disability benefits of medical and dental professionals nationwide and throughout metropolitan Phoenix, Scottsdale, Tucson, Flagstaff, Sedona, Lake Havasu City, Prescott, and Yuma. We provide disability income claim advice, assistance with filing disability claims, including completion of disability claim forms and representation in disability insurance litigation.

Comitz Beethe: Proud Sponsor Of Western Regional Dental Convention

February 25, 2011 | Comitz | Beethe News, Resources | Comments Off

Disability insurance lawyer Ed Comitz and Phoenix-based law firm Comitz | Beethe are proud to show our continuing support for the Arizona dental community as a sponsor of the Western Regional Dental Convention to be held March 3-5, 2011 in downtown Phoenix. Dentists, orthodontists, oral surgeons, pediatric dentists, endodontists, periodontists, prosthodontists, oral pathologists, dental hygienists, dental practice administrators and others will gather at the Phoenix Convention Center for continuing dental education.

Ed Comitz and the disability insurance attorneys at Comitz | Beethe protect the disability insurance benefits of physicians and healthcare professionals nationwide. Our Arizona practice focuses on the cities of Phoenix, Scottsdale, Tucson, Flagstaff and Yuma. We provide disability income claim advice, assistance with filing disability claims, including completion of disability claim forms and representation in disability insurance litigation.

How To File A Disability Insurance Claim

February 22, 2011 | Disability Claim Denials, Filing Disability Claims, Publications/Articles | Comments Off

Disability insurance lawyer Edward O. Comitz, head of the healthcare and disability insurance practice group at Comitz | Beethe, has recently posted an interesting and informative article, How To File A Disability Insurance Claim. Mr. Comitz discusses the sophisticated techniques that insurance companies employ to engineer a basis for denying legitimate disability insurance claims, and to avoid paying benefits. He describes what to look out for, and how to avoid the common traps of the disability insurance claim process. Read the article here.

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