Good Morning America Airs Report about Disability Insurance November 19, 2009

Recently, Good Morning America aired a report about Jack Whitten, a former Walmart employee who suffered a fractured neck in an accidental fall. Mr. Whitten applied for disability benefits under his insurance policy with The Hartford. After filing the claim, Whitten began to receive his disability benefits in 2003. Last year, a claims representative from The Hartford visited Mr. Whitten and his wife at their home. The claims representative produced a video tape of Mr. Whitten going about his daily life. The tape showed him getting out of a van, looking at a magazine and eating salsa and chips at a local restaurant. Soon after, The Hartford stopped his benefits claiming that based upon the videotape and a report from The Hartford’s doctor, who never even examined Mr. Whitten, he was no longer disabled. The Hartford reinstated Mr. Whitten’s benefits after his attorney provided additional information.

This was not the first time that The Hartford terminated benefits. In fact, twice before, The Hartford terminated Mr. Whitten’s benefits. His doctors have declared him permanently disabled. Although The Hartford has apparently agreed that Mr. Whitten is disabled, they are treating him as if he is temporarily disabled. Although he was injured 7 years ago, The Hartford is covertly suggesting “fraud” and attempting to intimidate recipients into foregoing their benefits. When is Mr. Whitten going to be “permanently” disabled in The Hartford’s eyes? Is it fair for The Hartford to constantly reassess the claimant’s medical condition, despite the medical evidence that has already produced and ruled upon? I say no and would like to see more government oversight into the disability insurance area. The disabled person is the least likely to be able to afford an attorney as a major source of income has been taken away. Most companies bet on the fact that the denials will never be appealed because of a lack of money or the fear that they committed a “fraud.”

What The Hartford has done is to lump Mr. Whitten in with those who commit “fraud.” Rocky will forever be equated with the video of a supposedly disabled man carrying a flat of shingles up a ladder or of another man playing all types of sports. Think about the video – would you want that to be your daily life? Was Mr. Whitten working in the video? Was he lifting anything heavy? No he wasn’t so why should he be equated with “fraud?”

The Hartford makes mention of an “Independent Medical Examination” that determined he was able to perform some type of work. Such a medical examination is certainly not independent. In fact, it is anything but. The doctor is hired by the insurance company to evaluate claimants and their injuries. The doctor is paid by the insurance company and will testify on its behalf. Independent Medical Examinations are big business. Doctor’s are intelligent enough to understand that insurance companies really don’t want to pay out on a claim. If they approve every claim, do they really think that the insurance company is going to use their services? The Hartford’s doctor never even examined Mr. Whitten. He made his decision based on medical records – wouldn’t Mr. Whitten’s own doctors be in the best position to determine if he is disabled? The claims process must be regulated as the companies prey on those least likely to be able to shoulder the burden, especially after paying thousand of dollars in premiums.

Frank Dito is a New York Personal Injury attorney specializing in New York real estate law , New York business law, and New York franchise law. You can visit his Law Firm Decker, Decker, Dito and Internicola website by clicking here, download his FREE New York Car Insurance book, or call him at 718-979-4300 or 1-800-310-5520 for a free case analysis.

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