QUESTION

Can a Disability Insurance Firm stop making disabiltity compensation payments without due process

Asked on Sep 22nd, 2014 on Insurance - Missouri
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1 ANSWER

Due process is a legal term which does not necessarily apply to private payments between an insurance company and an insured.  The type of process which is required is generally found in the policy or, if it is an employer sponsored policy, then in the plan.  Most disability companies require periodic medical updates.  Often, after a year or two of payments, the definition of disabilty changes such that if you can do any work after two years, you are no longer disabled.  Also, plans may reduce payments by amounts received under social security disability. We have seen cases where the insurance company stops payment on disability claims to recoup offsets from social security.  If this is a workplace disability policy, there are some safeguards and ERISA will apply. 
Answered on Oct 01st, 2014 at 7:58 AM

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