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Discontinuance
of Disability Benefits: The Other Shoe Is Dropping Jon
thinks he's getting his monthly group disability check -
but he's also getting a note tucked inside saying this is
his last check. Abby gets called by her disability
insurer suggesting jobs she can do. Tony gets a visit
from his disability plan's agent - who asks about how he
spends his day.
And Chico's insurer tells him they don't accept what
his psychiatrist says - and offers a buyout of his
benefits.
Welcome to disability benefit hell! After many false
warnings and much media hype, we have recently started to
see these scary scenarios actually materialize with
insurers.
Traditionally it's been left to claimants to decide
when to return to work. Social security in fact
contemplates no present changes because they realize the
new drugs' performance is spotty - and because their
policies are subject to extensive scrutiny.
These incidents are occurring only with group and
private disability insurers. Nearly all cases handled so
far have been settled in the insured's favor - without
having to go to court. There has been no wholesale
dumping of claimants back into the workforce. Yet the
pattern emerging is almost as if the insurers are trying
several approaches to test the waters.
To buy time for healing and for important back to work
decisions people with HIV and other life-threatening
illnesses might consider these pre-emptive actions before
they get a letter, call, summons, or visit. Don't panic!
There's much that can be done to correct or to prevent
such incidents.
- Start with a running list of symptoms past and
present - concrete and detailed. This is the time
to tally - not discount - what has happened over
time. Past problems might recur.
- Keep a bad news diary, noting anything that
occurs that could get in the way of being able to
work. This is also a good treatment tool - to
spot things before they loom large.
- If a symptom occurred once or might likely occur,
write it down. There is often no room in some of
today's lean & mean 90s jobs for even small
symptoms.
- Since today's jobs seem to require 110% capacity,
cite any problems with concentration,
persistence, pace, memory, or irritability.
- Use incidents to illustrate the impact of the
symptoms - especially if they were embarrassing
or disruptive. At the least this database of
symptoms can be used as a basis for later
accommodations at work.
- Don't focus on diagnoses - list individual
symptoms instead. Symptoms - not diagnoses - are
what impact work. Report the news. Let your
physician take care of labeling and explaining
it.
- Low or high lab results don't always tell the
true story about the ability to work. This is why
t-cell counts no longer define AIDS for social
security benefits. Beware of attaching too much
importance to lab measures - leave that to the
physician.
- Get your physician involved in the protection of
your benefits. Give a copy of the invaluable
detail from your latest bad news diary pages -
asking that they be added to the medical record
or at least commented on in the record.
- If there were symptoms since the last visit don't
discount them by saying "I'm fine."
Part of the job of being disabled is meticulous
record keeping - and the record that counts most
is the medical record. This is the one occasion
where complaints count - especially if they're
repeated - even if you've voiced them endless
times before.
- Get a complete copy of the medical record. If
symptom and incident reporting are spotty or
unclear, ask the physician to correct the record
with a summing up statement.
- If there is a form to be filled out, make a
special appointment just for that. Discuss the
importance of records and official statements
with your physician. Don't rush things. Income
protection is a treatment tool.
- Know your policy - they're all unique. What's its
definition of disability? Is the basis your own
occupation - or any occupation? Remember, both
should be appropriate to your experience and
training - and you can hold your insurer to what
your policy says.
- List potential job tasks appropriate to these
definitions of disability. Then match the tasks
against the symptoms list. The result will be a
database of reference facts in responding to
insurers.
- Some insurers are shifting from a short statement
from the insured and a confirmation from the
attending physician confirming total disability
to lengthy questionnaires. Treat this as an
excellent opportunity to spell out in concrete
detail incidents illustrating disabling symptoms
that have occurred.
- Insurers are sending claims adjusters out to see
how the insured is functioning in daily life.
With a friend present, use this visit to present
your disabling symptoms & incidents in full
detail.
- Know that in interviews you can say "I don't
know", "I'm not sure," or
"I'd have to think about that". You can
also take time out, simply don't answer, or stop
the interview at any time if you're tired.
- Report harassment incidents to your support
organization - and make sure you're part of a
support group during this difficult period.
- Get testimonials from organizations where you
have volunteered, as well as friends and family,
confirming your symptoms.
- Get a professional to coach you on defensive
actions like these - from your AIDS organization
or a financially or legally trained person
experienced in responding to insurers.
- Insurers are not alike. Check out your insurer's
reputation. Some smaller companies may
aggressively cancel benefits simply to
"shake the tree." If you're armed with
consistent, clear records and have taken some of
the actions outlined here to renew and reinforce
your claim, they're more likely to back off -
suspecting they'd lose in court.
- Remember that insurer bureaucracies need paper
justification to continue benefits - especially
with all the hype over the new drugs and
pressures to increase profitability. Give them
understandable data, clearly focused on your
dis-ability to do work.
- If you want to try working, consider pursuing
part-time or residual disability benefits first -
if your plan has them. Major insurers may act
supportively if a return to work is attempted and
if you do this with professional help - and you
may forestall a discontinuance based in
ignorance.
Above all, don't give in or give up. If you're not
ready for work, defending your benefits is your #1 job.
If you need help, ask for it. If you stand fast you're
not only helping yourself, you're helping others less
able to defend themselves. By these actions we educate
insurers to the fact that HIV disease and treatments are
complex - and that people with life-threatening illness
need the protection and income support that disability
benefits provide.
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