The Importance of Having a Transition Plan: Part I
Many of the physicians and dentists we work with have slowly progressive conditions. When they initially reach out to us, they are often facing the difficult dilemma of weighing the risk of hurting a patient against the ramifications of ending the career that they worked so hard to build. Often, they are unfamiliar with the terms of their disability policies (and, in some cases, don’t even have copies of their policies). And most of the time, they are also unfamiliar with how the disability claims process works and not sure if it is appropriate (or if it is even possible) to file a claim with their disability insurance company if they have a medical condition that progresses gradually (as opposed to something like being injured in an accident). Our next two posts will look at important considerations that must go into a transition plan.
While it is possible to collect on a claim involving slowly progressive conditions (such as degenerative disc disease or an essential tremor), these types of claims present unique challenges and hurdles that doctors must be aware of—ideally well before they file.
With any disability claim involving a physician or dentist, the number one factor is patient safety. Whether or not it is safe for you to continue to practice depends on your particular symptoms and the progression of your condition—factors that are typically outside your control. Other factors that are not entirely within your control include whether/how soon you can find a buyer if you need to sell your practice, whether new treatments are developed for your condition, whether your health insurance covers a needed medical treatment, whether your doctor is willing to support your claim—and the list goes on.
These “unknowns” often prove to be the most daunting and frustrating aspect of filing a disability claim, particularly for our clients who are used to diagnosing and solving problems. Filing a successful disability claim requires patience and the ability to adapt and react appropriately, which can prove particularly difficult if you do not have experience with the disability process or the industry knowledge required to recognize the issues in play.
So where do you start? The first step is understanding your policy requirements and taking the time to make a transition plan that fits within the parameters of your particular policy(ies). There are a lot of different components to a transition plan, but in these next few posts, we are going to be focusing on issues related to your practice.
What Do I Do With My Practice?
If you own your own practice, a major part of your transition plan will be determining what to do with your practice. This is one of the more common questions we are asked and, unfortunately, like many questions in the area of law, there is no one-size-fits-all answer. The best course of action depends on a number of factors, including:
- How your policy defines key terms, like “total disability” and “your occupation”;
- Whether you have partners or associates that are able to buy your practice interest;
- Whether you live in a large metropolitan area where there is a large pool of potential buyers or a rural area where there are very few potential buyers;
- How long you think you can go on practicing (taking into account patient safety concerns);
- Whether you can find a buyer who is understanding of your situation (as opposed to buyers who would seek to low-ball you/negotiate the price down if they became aware of your medical condition);
- Whether there is an expectation that you will work in a different capacity following the sale (e.g. as an associate or consultant);
- Whether your policy allows you to work in a different capacity and collect benefits;
- Whether your policy offsets your benefits if you receive any post-disability income.
These are just a few of the issues that need to be considered, and oftentimes determining the best course of action is an ongoing process as new information is learned about the progression of your symptoms, the state of the market, the number of potential buyers, the needs/personality of interested buyers, etc. If you are considering filing a claim, or wondering how a transition plan would work for you, an experienced disability insurance attorney can help you understand the terms of your policy and apply it to your particular situation.
In part two of this series, we’ll look at another important part of any transition plan—whether you should continue to work in the face of slowly progressive condition.
