Will Elizabeth Warren Redefine Disability Insurance?
2020 is a presidential year, and it’s a historic moment for our nation’s approach to disability insurance. While disability may not be at the forefront of some voters’ minds, many presidential candidates have made disability insurance policies an important part of their campaign platform.
One such candidate is Senator Elizabeth Warren. There are three Democratic frontrunners at the moment, Senator Bernie Sanders, Former Vice President Joe Biden and Senator Warren. Senator Warren has put special emphasis on the issue of disability, investing time, energy and effort into making this an important issue.
Warren’s plan will greatly expand what is covered under disability policies, including items regulated under the ADA. There are currently 61 million Americans living with disabilities. This includes people who were born with some type of disability as well as those who were injured in some way and became disabled later in life. While much of Warren’s plan is targeting those born with some form of disability, such as autism or deafness, her proposed policies will have a great impact on people who become disabled as a result of a workplace injury or some other form of accidental injury.
Warren’s plan includes greater access to federal benefits for people living with disabilities. For example, she’d adjust income requirements, which would offer greater access to people seeking Medicaid coverage. She wants to change the limits on assets Social Security Insurance recipients can have so that marrying someone with a retirement account won’t mean losing benefits.
A plan like this could have unintended consequences for those who have disability insurance through a private employer. Group long-term disability (“LTD”) insurance policies often include dollar-for-dollar reductions in payments for disability benefits received from other sources. So if the disabled worker receives Social Security benefits, there is a corresponding reduction in his or her LTD benefit. The total amount received by the disabled worker will be the same, but the insurance company will have to pay out less – a result major LTD insurance carriers will certainly like.
The other issue to be aware of is Warren may appoint judges who have a different perspective on the Americans with Disabilities Act (ADA) and other laws governing disability insurance. If more judges are willing to side with the disabled, insurance companies may be held accountable more often when they unjustly deny claims of their insureds.
In these instances where insurance companies try to manipulate and ignore clear policy language, having a trusted attorney by your side fighting for you is incredibly important. Few people have read extensively through their disability policy language, and fewer still understand the language used by insurance companies. Disability policies require a keen legal eye to spot the ways an insurance company will attempt to deny or delay your benefits.
Contact an Experienced Disability Insurance Lawyer at DarrasLaw for Help.
The award-winning individual long-term disability attorneys and stellar group ERISA lawyers at DarrasLaw know how to handle insurance adjusters and how to navigate the complicated disability claim process. Our seasoned disability lawyers and ERISA attorneys know what adjusters are looking for and can suggest protections and claim precautions for you. Furthermore, our long-term disability attorneys understand disabling conditions and can help you and your treating doctors present the proper medical, financial and occupational evidence to your disability carrier so you get paid.
You don’t have to go through the claim application process alone. To schedule a completely free policy analysis and free claim consultation with one of DarrasLaw’s nationally renowned California disability attorneys, call us at (800) 898-7299 or contact us online.