PUBLIC SUBMISSION

Received: November 21, 2015

Status: Pending_Post

Tracking No. 1jz-8mdx-d1qh

Comments Due: January 19, 2016

Submission Type: API

Docket: EBSA-2015-0017

Claims Procedure for Plans Providing Disability Benefits

Comment On: EBSA-2015-0017-0001

Claims Procedure for Plans Providing Disability Benefits

Document: EBSA-2015-0017-DRAFT-0003

Comment on FR Doc # 2015-29295

Submitter Information

Name: 

Address: 

Email:

Organization: none

General Comment

Regarding proposed changes - RIN-1210-AB39 - to long-term disability ERISA legislation by 

the Department of Labor

I am a voting-age resident of California, and over the past few years I have experienced a series 

of devastating health conditions and complications due to a rare genetic condition. Despite 

receiving ADA-mandated accommodations from my former employer, my health issues 

because so serious I am now disabled and unable to work. My disability has been extensively 

documented and continues to be supported by multiple top specialist physicians at both 

University of California, San Francisco (UCSF) and Stanford medical centers. As you can 

imagine, this has been a terrible ordeal for myself and my family.

Worse even than my devastating health issues, however, has been the experience of filing an 

ERISA long-term disability claim. This process, even with the assistance of a professional 

consultant (who I had to hire at my own expense), has been complicated, painful, and unfair. 

My doctors and myself have been harassed for information repeatedly, information which is 

then conveniently "lost" or "not received", and it has been made clear to me that my credibility 

and that of my doctors is constantly being doubted, and the deck is stacked against me 

throughout the process. Thus, I could lose my benefits, my only source of financial support, at 

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any moment and without warning. Dealing with this ongoing claim is a constant source of stress 

at a time when I should be able to focus on taking care of my health. In many cases, my medical 

care and conditions have been compromised and/or worsened by the constant demands and 

uncertainty of this ERISA long-term disability claim process.

I cannot tell you how desperately these reforms are needed, to protect those of us who find 

ourselves unexpectedly vulnerable and dependent on a process that is fundamentally stacked 

against us, because the disability insurance companies have a strong financial incentive to deny 

any claim they possibly can (regardless of actual health or disability status), and virtually no 

oversight or recourse for those who feel they are not being treated fairly. Patients like me, 

struggling with serious health issues that require complex treatment would be much better 

served by being able to focus our limited energies on that treatment instead of on constantly 

trying to satisfy the capricious demands of a process where the odds are against us getting fair 

and good faith treatment. And the stress of constantly worrying we may lose our only means of 

financial support, suddenly and without warning or cause (a likely outcome based on available 

information about the current review standards and processes of the disability insurance 

industry) certainly does not improve anyone's health status. Please implement these muchneeded reforms ASAP.

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