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Archive for October, 2009

Financial Reserves and Reservation of Rights Disability financial reserves are generally defined as “a monetary estimate of what a claim will cost.”  The reserve represents money set aside for the eventual payment of claims and is not otherwise available to pay operating costs such as salaries, expenses and other overhead costs.  Since the financial reserve [...]

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A client called me a few days ago to tell us he approached an attorney to take over the management of his wife’s non-ERISA claim. DCS recommended what we thought was a very high profile attorney in the south who would be able to assist. However, the attorney told the client “he had to look at his [...]

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If investors need another sign of the changed economic landscape, they need look no further than Social Security. For the first time in more than three decades Social Security recipients will not receive a benefit increase, formally known as a cost of living adjustment (COLA), in 2010, federal forecasts show, The New York Times reports. [...]

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October 8, 2009 Many people with chronic fatigue syndrome are infected with a little known virus that may cause or at least contribute to their illness, researchers are reporting. We now have evidence that a retrovirus named XMRV is frequently present in the blood of patients with CFS. Ninety-five percent of those diagnosed with Fibromyalgia, [...]

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A number of the changes to the FMLA regulations that go into effect in January, 2009, favor the employer. These changes and clarifications were made after the U.S. Department of Labor received comments from employers and input from groups such as the Society of Human Resource Management or SHRM. Under the new FMLA or Family [...]

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Americans grow up with an overwhelming work ethic originating all the way back to influences of our founding fathers brought to this country by the Puritans, Quakers, and other protestant groups. For this reason, Americans often define who they are by what they do for a living.  Work ethic is in our culture; we feed it with free [...]

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Disability Insurance policies typically have a “care” requirement written into the policy’s definition of disability. Usually you will find a care requirement qualified by either the word “regular” or “appropriate” as seen in the following examples: “You are under the regular and personal care of a Physician”  “You are receiving care by a Physician which [...]

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I’ve been asked several times in the last week “who are the ERISA Esq. attorneys and why doesn’t DCS make referrals to them?” This can be quite a dilemma since no one is supposed to know this group exists. Although there are very differing opinions (and I’m sure I’m going to get flack for this!) the ERISA [...]

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