The Disability Insurance Trap

One out of every four Americans will miss at least 90if you can afford to live half a year without income.
consecutive days of work because of an injury orWith a six month waiting period, you begin to accrue
sickness between the ages of 35 and 65. Disabilitypayable benefits in the seventh month and would get
insurance can help prevent such medical disastersa check at the 225th-day (seven-and-a-half month)
from becoming financial disasters.mark.
However, disability insurance is usually obtained through- Women should ask their agents to check whether
deeply flawed group policies offered by employers.unisex policies are available. These might cost 10% to
Employees with such group coverage often aren't20% less.
adequately protected.MUST-HAVE FEATURES
Here's what to watch out for and how to get the bestExpect an insurer to offer coverage for up to
coverage...two-thirds of your current wages, not to exceed
PROBLEMS WITH EMPLOYER PLANS$15,000 per month.
The employer-sponsored disability policies in which allThree provisions that you also should insist on having...
or part of the premiums are paid by the employer,- "Own occupation" protection. Without this provision,
generally claim to replace 60% or 70% of anyour insurer could reduce benefits by the amount
employee's income when he/she is disabled beyondyou're capable of earnmig, even in a line of work that
the typical 90 or 180 day elimination (or waiting) period.doesn't appeal to you.
However, these promises are empty and deceptive.Example: A stroke makes it impossible for a woman
Insurers are allowed to reduce the benefits they payto continue her career as a surgeon. Without "own
dollar for dollar for any benefits the disabled employeeoccupation" protection, her disability insurer might argue
receives from his state workers' compensationthat she still could work as a janitor and then reduce
program ... Social Security disability program... the state'sher benefits by the $2,000 a month she could earn in
disability program ... and even cash settlementsthat job. With "own occupation" protection, the woman
received for pain and suffering if the employee wasreceives her full benefit for as long as she can't
injured in an accident that caused his disability.perform surgery.
Even worse: Any money these insurers pay out to- Noncancelable and guaranteed renewable to age 65.
group disability policy holders is taxed. Beneficiaries endWith this clause in the contract, your insurance
up with only a small fraction of what they thought theycompany cannot terminate your coverage until you
were insured for.turn 65, even if your health deteriorates. Guaranteed
Other drawbacks...renewable policies also have fixed premiums.
- An employer might eliminate its disability plan at any- Total disability and partial disability coverage. Some
time.individual policies provide for both total and partial
- An employee may not be able to take this disabilitydisability benefits.
policy with him if he quits or is fired.Example: A woman has a heart attack but still can
- If a claim is ultimately denied, an employee in thework 20 hours per week. If her policy covers only total
group plan must appeal the denial in a timely manner,disability, her insurer will not owe her a dime. With total
then sue in federal court to recover only his past-dueand partial coverage, she will be compensated based
benefits, some interest and attorney fees if the courton the percentage of her income that she has lost.
allows. The horror of group disability litigation is thatRECOMMENDED FEATURES
there is no trial by jury, no recovery for emotional- Cost-of-living adjustments. This feature increases
distress and no opportunity to seek punitive damagesyour monthly benefits after disability strikes to keep
under the Employee Retirement Income Security Actpace with inflation. It's highly recommended for those
(ERISA). The carrier is required to pay only what ityounger than 40 but not vital for those over 50 -
owed - this is like robbing a bank and returning theinflation won't have as much time to deplete the value
money years later without any penalty or jail time.of their benefits. Expect a policy that provides an
ADVANTAGES OF INDIVIDUAL COVERAGEannual 3% to 6% increase in benefits to cost 8% to
It is best to purchase your own individual disability12% more than the disability policy that doesn't provide
coverage through an insurance agent, whether or notsuch an increase.
you are covered through your employer's group plan.- Future increase option. It makes sense to add on
You will be given the maximum benefit you're owed,more disability coverage over the course of your
tax free, even if you get other forms of compensationcareer to keep up with your increasing wages. A
for your injury ... you, not your employer, have controlfuture increase option gives you the right to buy more
over the coverage ... and if necessary, you can takecoverage at the initial contract rate, even if your health
the insurer to court, get a trial by jury and seek notdeclines. This provision typically isn't available past age
only the benefits owed but also punitive damages if50.
your state allows.WHAT TO AVOID
The downside is cost. A 55-year-old man in good- "Except fraud" provision. If an "except fraud" clause
health might spend $280 per month for a well-designedis written into your contract, your insurance company
disability policy that replaces 60% of wages up tocan attempt to take away your policy at any time by
$4,000 a month after a 90 day waiting period. Aclaiming that you materially misstated your medical,
55-year-old woman might spend around $325 (womenfinancial or occupational status when you applied for
are more likely to become disabled, thus theircoverage. Insurance companies sometimes use this
coverage will cost more). For a 45-year-old man, theclause to deny benefits to honest policyholders when
cost might be $199 a month. For a woman, it might bethey find the slightest hint of an error on the application.
$281 a month.Better: Ask for a "two-year contestability policy"
Two ways to cut the cost of your coverage...instead. After your contract has been in force for two
*Increase your waiting period from 90 to 180 days.years, the insurance company cannot contest any
This should reduce premiums by about 20% comparedstatements in your application.
with a 90-day wait, but this strategy makes sense only