
Source: 2004 JHA Mid-Year U.S.
Group Disability Market Survey
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A physician’s prognosis, treatment plan, and attitude at the onset of impairment
will ultimately impact the duration of a disability. Although patients
have more access to medical information than ever before, a physician’s role is
crucial to the entire healing process. Many disability insurance
companies have struggled to get physicians to understand their disability
products and how their influence can impact
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Federal versus State pre-emption has long been an issue in disability
litigation, especially in the area of ERISA governed policies. Plaintiff
attorneys have brought suits against disability insurers in state courts using
clever arguments, even before ERISA remedies have been exhausted. Some states
have passed laws to make this possible.
However, insurance companies have resisted these efforts on
the part of plaintiffs and 2 cases recently reached the U.S. Supreme Court.
Although the Supreme Court cases were health insurance related, they have
far-reaching implications for employee welfare benefits governed by ERISA,
including disability insurance.
The attached article outlines the background of the Davila/Calad decision, and
the opinions held by both insurer groups, and consumer groups about the
outcome.
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TAXABILITY OF GROUP DISABILITY BENEFITS
Connie Cardamone, CPA
A recent Internal Revenue Ruling, Rev. Rul. 2004-55, provides
a distinction in determining the taxability of STD and LTD benefits for certain
plans.
Generally, the taxability of group disability benefits is
based on the portion of the total premium paid by the employer for the 3 policy
years before the calendar year in which the disability benefit is paid.
Since more employers have been giving employees choices
regarding payment of premiums (i.e. with pre- or post-tax dollars), they have
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