Discretionary Clauses And Your Long Term Disability Claim

Get out your long term disability policy and look for something called the “Discretionary Clause”. It’s a clause that lets the long term disability carrier make the decision and requires that the court defer to its decision. It’s what I call a “get out of jail free card.”

Fortunately, there are some states that prohibit discretionary clauses in long term disability policies. These states include:

California;
Colorado;
Illinois;
Michigan; and
Washington.

You can determine whether the discretionary clause is applicable to you by looking at your disability policy and what state your policy was issued.

What other terms don’t you want to see in your long term disability policy?

Illinois Mutual disability claims lawyer Nancy Cavey has written a go-to guide, “Everything You Need to Know About Your Long Term Disability Claim” that talks about all of the terms that you don’t want to see in your long term disability policy. You can order a free, no obligation copy of her book by contacting Long Term Disability lawyer Nancy Cavey at 727-894-3188.