Hartford

Hartford didn't give me increased benefits as my income increased

Reviewed by Ray on June 7th 2013   Verified Policyholder
I have a disability plan that pays 60% of my pre disability income. There is a statement in the plan that states my pre disability income will be increased on a yearly basis starting on the 13th month benfits are payable by 4%. I contend that this 4% increase also increases my monthly/yearly benefit. The insurance rep said no as did my lawyer. I am irate as it seems like my lawyer is working for the insurance company and so a fair settlement could not be reached I lost my leverage and now will let a court not a lawyer decide. My lawyer wanted me to get a notarised letter from another lawyer stating my opinion is correct and wanted me to send him a court case indicating my position. Needless to say I will write the disciplinary board about his conduct as the day I find a lawyer making judicial decisions it is time to get a new lawyer.
Reply
Sent on June 7th 2013 by Attorney Jay Symonds

Ray, In most ERISA based long term disability policies provided by your employer there are no adjustments to the benefit due to a COLA increase. The language you are referring to is most likely with respect to how the carrier will evaluate your pre-disability earnings for purposes of a review for, or the definition of Total Disability under an Any Occupation period. If your policy does not explicitly say that your monthly disability benefit will increase then it will not. I would recommend you ask your attorney for further clarification as it relates to your claim.