UNUM Group to Pay $5.55 Million in Fines Over Hidden Fees

Fran Lysiak of Zibb.com reported that "Disability insurer Unum Group has agreed to pay $5.55 million in fines and penalties to the federal government for failing to disclose hidden fees it paid to a broker, the U.S. Attorney's Office for the Southern District of California said. The fees were required to be reported as called for under the Employee Retirement Income Security Act of 1974, prosecutors said." To read the full article, go to: http://www.zibb.com/article/3486232/Unum+Group+to+Pay+555+Million+in+Fines+Over+Hidden+Fees+to+Broker

ERISA is the law that regulates employee benefit plans offered by private companies in the United States. By agreeing to such a huge fine, UNUM provides us even more evidence of its disregard for the the U.S. Department of Labor's ERISA regulations. The U.S. Attorney's office found that UNUM was actively concealing the fees paid by UNUM for insurance commissions and disclosures related to group benefit plans. As the U.S. Attorney was quoted as saying, the regulations requiring disclosure, exist "to promote transparency." So much for transparency when the biggest disability insurance company simply ignores the rules and will only follow them when the government threatens prosecution.

To read more about ERISA, visit the ERISA law FAQ tuckerludin.com.


Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. Any content borrowed or referenced from another source is referenced by citation to the original source as noted in the text above.

Insurance Company Rules

If you would like a little humor on this Monday morning, check out this video about "Insurance Company Rules:" http://www.youtube.com/watch?v=bVpX5fUvPlg

Disability Benefit Tip of the Week: Medical Records

Before you apply for either Social Security Disability or Long Term Disability through your insurance company, it is a good idea to speak to your doctor about your symptoms. One of the main reasons a person gets denied his disability benefit, is due to lack of documentation in his medical records. When you apply for disability benefits, the Social Security Administration and your insurance company will request copies of your medical records from your doctors. They will make a determination about your eligibility based on the evidence in your medical records. Ask your doctor if all of your symptoms have been recorded in your records. Make a list of your symptoms before you go to your doctors' appointments so that you will not forget any while you are there. Be sure to bring up even minor complaints so that nothing gets left out.

REMEMBER: BEFORE APPLYING FOR DISABILITY BENEFITS, MAKE SURE YOUR DOCTORS ARE WRITING ALL OF YOUR SYMPTOMS IN YOUR MEDICAL RECORDS.

Tucker & Ludin - The Disability Law Firm - launches new ERISA Benefits Law page

Tucker & Ludin's website upgrade continues. ERISA Attorney John Tucker offers more information about ERISA - the Employee Retirement Income Security Act - at the site's new ERISA Benefits page. ERISA is the federal law that regulates any employee benefit plan offered through private employers. For example, group Long Term Disability and Short Term Disability insurance offered through work is usually covered by ERISA.

Be sure to visit Tucker & Ludin's ERISA Disability Benefits page and ERISA FAQ also.

Please feel free to send Disability Lawyer John Tucker your questions or any feedback on our site. You can reach us on our "Contact" page on the website.

Why is it important to tell your doctor about the side effects of your prescription medications in a disability claim?

We see it over and over....our clients will tell us about the drowsiness, fogginess, lightheadness, or other side effects from the pharmacy of medications their doctors have them taking....but then we never see anything about it in the doctor's notes! Why is that a problem? Because disability insurance company adjusters love to say that they are not considering any claimed side effects as valid, because the doctor has not recorded them.

The insurer's theory is essentially this: if the side effects were that bad, you would tell your doctor, and he would record them.

You are probably saying that is ridiculous. We hear all the time from our clients that they assume the doctor knows the side effects....and surely, the doctor does....but it's not getting into the notes that way. We also know doctors who tells us that they do know the side effects and see no need to write them in their notes because they expect it is happening.

If you have a disability claim and your side effects would impact your ability to work, you MUST tell your doctor about them AND make sure the doctor puts it into their notes.

WE RECOMMEND THE FOLLOWING STEPS TO MAKE SURE YOUR SIDE EFFECTS GET NOTED:
1. Write down a list of your medications and describe the side effects for each - type of side effects, how often they happen, how long they last. Bring it with you to EVERY doctor you see. Write the date of your appointment on it.

2. If they have you fill out paperwork when you go into a doctor's office, write down your medications and their side effects on that paperwork....even if there is no blank for side effects on the form, write them down anyway.

3. Tell the nurse who sees you before the doctor comes in. Hand your list that you brought (see #1 above) to the nurse, and explain that you want that list put in your chart.

4. Tell the doctor about your side effects. Make the doctor listen, and explain that you would like that information put in the chart, because your insurance company says they must not be happening if your doctor is not writing your side effects in the notes.

5. Get copies of your doctors' notes every month, and check to make sure they are recording your medication side effects.

If you follow these steps, you will have less problems with an adjuster telling you that your side effects really are not that bad or that they don't impact working.