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Archive for Self Defense

The Secret to Protecting Your Family’s Financial Security Online

by W. Ben Utley CFP® · Comments (0)
16 May

Can you keep a secret?

I hope not… this secret is so powerful that I want you to share it with the world.

The secret is that strong, unique passwords are the first line of defense when protecting your family’s financial security online, and making super-strong, super-easy-to-remember passwords is easier than you think. Here’s my secret password recipe:

  1. Think of something you love! Is it your kids? Your religion? Your sport? Or your hobby? Make sure it’s something you’re wild about.
  2. When you enter a new password, think about your favorite things. Think of a book, a movie, or a song that goes with whatever your favorite thing is. For example, if you’re crazy about your two-year old, and you’re entering a password for their new college savings plan, maybe it’s a nursery rhyme like “Jack & Jill”.
  3. Sing it or say it out loud to yourself. “Jack and Jill went up the hill to fetch a pail of water.”
  4. Use the first letter of the words in the phrase to create your password, like this… “jajwuthtfapow”.
  5. Beef up the security. If you need special characters and numbers and capitalization, change it up a little, like this, “J&Jwuth2fapow.” If you need a longer or stronger password, include more of the song or phrase, like “J&Jwuth2fapow.Jfd&bhc&Jcta.” (That’s, “Jack fell down and broke his crown and Jill came tumbling after.”
  6. Give yourself a clue. To help yourself remember your password, write down a hint. For example, you could write “Oregon College Savings Plan: Timor’s favorite nursery rhyme including punctuation”

A Few More Password Pointers

  • Longer is better. A password with 10 characters is 300x stronger than one with 8 characters.
  • If you must re-use passwords because you can’t remember them, make sure to use a unique password for your email and bank accounts.
  • If you can only remember one password, get yourself a password manager like LastPass (www.lastpass.com) or RoboForm (www.roboform.com).
  • If you use your phone or laptop to unlock important accounts, password protect your devices too.

I have other tips to keep your family’s finances secure, so if you’ve got a question, feel free to contact me.

Comments (0)
Categories : Self Defense

Is your family’s bank safe and sound?

by W. Ben Utley, CFP®
05 Aug

Once upon a time, banks were the safe place to put your money. But the mortgage-based credit crisis has changed all that. As the daily headlines carry more bad news about bank failures, how do you know if your family’s money is safe in the bank?

Bankrate.com’s new tool, Safe & Sound® ratings, gives your bank (or credit union) a score from 1 (excellent) to 5 (uh-oh) based on a series of 22 tests designed to measure the capital adequacy, asset quality, profitability and liquidity of each financial institution.

Check out your bank’s Safe & Sound® rating today.

Categories : Self Defense

How to screw up your disability claim in three easy steps

by W. Ben Utley, CFP®
25 Oct

Less than 24 hours ago, I thought filing a disability insurance claim was easy. In fact, I thought it went something like this:

  1. Get disabled.
  2. Fill out the insurance paperwork.
  3. Start collecting checks.

I was right about the first step, but way wrong about everything else. And you could be, too.

Enter Art Fries

I was fortunate enough to receive a call from Art Fries, the self-branded disability insurance claims expert.

In a formerly Brooklyn now-Californicated dialect, he explained to me – in language so colorful I dare not rephrase it on a family-oriented blog – exactly how NOT to file a claim to NOT collect benefits from the insurance industry that’s NOT interested in paying you.

Here are the three easiest ways to “screw up” a claim for disability:

  1. Give the disability claim form to your doctor. Art says you want to maintain control of the claims process, and the way your case is presented to the insurers. Allowing a somewhat disinterested party to handle your claims paperwork is the fastest way to have your claim denied.
  2. Sign paperwork on the spot. Art says to read everything carefully and have a second set of eyes – his – review the paperwork BEFORE it’s signed. For example? When the insurance company’s field examiner prepares a tatement for you and asks you to sign it, just take the paperwork and tell him you’ll sign it later and mail it back to him.
  3. Do things in your personal life that are in conflict with the symptoms of your disability. Art cites a case where a physician went on DI claim for a hand-related impairment, then went golfing. He may have made a hole-in-one, but he lost big time when the insurance company stopped sending the checks. As Art says, “You can’t go skateboarding with a lower back claim.”

Other Art-ful Gems

You can certainly learn a thing or two from a guy who;s been around the insurance business for 40 plus years. Ask Art about his background and he’ll tell you he got his start in the 70′s as a life/health agent with Washington National Insurance Company. After 3 years he was the #1 salesperson in the country with respect to individual disability/medical insurance and held that title for 6 years in a row. He later went out on his own as an independent life/health broker with earnings in the top 1% of all producers in the country. He says he was a “real driver, type A workaholic”.

Art has a healthy helping of “been there, done that” too. He’s filed and survived his own disability claim and ensuing lawsuit, and he’s personally handled more than 600 claims totalling a half billion (yes, billion with a “B”) over the past 11 years, by his own account.

A Claims Process Horror Story

He says it’s common practice for the claims paperwork to ask this question, “How many people do you supervise?” Harmless enough, right?

Art says, in this particular case, the answer was “eight” because the doctor in question had eight staff members. But the insurance company interpreted the answer to mean that this doctor had the capacity to manage eight people. So he might have been disabled as a physician, but he was perfectly able to be a manager, according to the insurer, so he had only a partial disability claim at best. But in the story Art shared, the physician’s disability symptoms forced him to leave his practice, so his claim for partial disability was denied. No income, no claim.

Breaking a Record “Going Backwards”

“There are some things the insurance company conveniently forgets to tell the claimant,” Fries explains. For instance? The fact is that your eligibility for benefits does not begin when you file your paperwork with the insurance company; you become eligible for benefits when you experience the impact of a disability under the terms of the policy.

Art regularly pursues claims where a physician may have become disabled more than a year before she actually files her claim. Recovering benefits under this scenario is what Art calls “going backwards” with a claim.

In our interview, he said last month he broke his old record of going backwards on a disability claim when he recovered benefits for a physician who had experienced a disability more than six years ago.

So how much did he help that doc recover?

    $800,000, he said.

Can you imagine not claiming almost a million dollars to which you were rightfully entitled? It’s mind-numbing.

An Interesting Business

Art says he started in this business when “a physician friend needed handholding on a disability claim.” But when he went to find help for his friend, Art couldn’t find anyone. He says he found a few attorneys who handle these claims but they seemed to give him the wrong answers.

According to Art, the attorneys have a conflict of interest.

If the attorney handles your paperwork, and the insurance company won’t pay, guess what happens? You have to sue the insurance company.But now your attorney is in line to “earn’ a contingency fee. And that fee could run as much as one-third of your benefits.

Fries’ services aren’t free either, but his charges seem reasonable. To handle new claims he charges $500.00 per hour with a minimum fee of $6,000 for the first policy, and $1,000 per policy thereafter. He’s reasonable about his fees, making adjustments based on nuumber of insurance companies and total number of policies. He charges more to handle denied or terminated disability claims since they’re tougher. While his fees may seem steep, Art handles claims that pay between $500,000 to $12,000,000 with a success rate approaching 97% on new claims, by his own estimates.

Fries says he will help his clients with the insurance exam, the field investigation, video surveillance (ew!), and of course, the paperwork. But he doesn’t work with “jerks,” meaning folks who are out to scam the system.

Not disabled?

If you’re not disabled, you could still learn a thing or two about disability insurance from Mr. Fries. For instance, he knows which company’s routinely stonewall their insured’s when it’s time to pay a claim. And THAT’s the kind of advice it would be nice to have BEFORE you even buy insurance.

So what’s the bottom line? Put Art Fries number in your Rolodex and pray that you never need to call him: (800)567-1911.

Categories : Advisors, How-To, Insuring, Self Defense

Latest developments in disability coverage for physicians

by W. Ben Utley, CFP®
11 Oct

You’veheard of the blogosphere, but have you heard of the insureosphere?

Of course not. I just coined the phrase! It’s the network of insurance agents who send me all kinds of updates on insurance for physicians.

The latest news on disability insurance coverage from the insureosphere is this: Mass Mutual is now offering own-occupation coverage, reduced premiums, and increased coverage limits for physicians in the following specialties:

  • Allergist
  • Cardiologist
  • Endocrinologist
  • Family Practitioner
  • Hematologist
  • Immunologist
  • Internist
  • Nephrologist
  • Non-surgical Pediatrician
  • Obstetrician/Gynecologist
  • Oncologist
  • Optometrist
  • Pathologist
  • Podiatrist
  • Psychiatrist
  • Psychologist
  • Radiologist
  • Rheumatologist
  • Urologist
They now join the list of carriers who have come to the realization that, “Hey, doctors are actually good people who do their best to lead productive lives… so they’re actually good (and profitable) people to do business with.”

Duh.

Here are the other companies that underwrite doctors for DI:

  • Guardian
  • MetLife
  • Principal Financial Group
  • The Standard Insurance Company
  • Union Central
  • Mass Mutual

If you’re tempted to wade into the insureosphere to gather coverage for yourself or your family, be prepared to endure an onslaught of paperwork and double-speak. The better, faster and safer way is to spend your time finding an agent who really knows coverage for physicians. Watch out for the cross-sell.

Categories : Insuring, Self Defense

Saving for college: Picking the right plan might save your ass-ets

by W. Ben Utley, CFP®
11 Sep

In my last article, I discussed the vehicles physician families might use to save for college, and the 529 college savings plan is the best choice for most physician families.

So, which 529 is right for you?

This part of saving for college can be confusing, and rightfully so.

Let me be the first to say that the product launch of the 529 plan will go down in financial history as one of the worst blunders ever. Why do I feel this way?

  • There are actually TWO kinds of plans created under IRS Section 529: prepaid tuition plans, and true college savings plans. Here, we’re only concerned with the true blue college savings plan.
  • The plans were originally created under state law in separate states, so no two plans are exactly alike, increasing the confusion about which to use.
  • Some plans are sold directly – without commissions – and some are sold indirectly through stockbrokers and insurance people WITH commissions, bringing even greater confusion about “which is best”.

At this moment, there are at least 80 plans available in 48 states, begging the question about which state’s plan to use. Most physicians I meet have NOT funded a 529 plan because they don’t know which state is right for them, and many physicians think the only plan they can use is the plan offered by the state in which they live.

So let me clear the air here with this statement:

No matter which state’s plan you put your money into, as long as it’s a true college savings plan (not a pre-paid tuition plan), your student can use the money to attend any institution that qualifies under the rules in any state (or galaxy, for that matter).

That means you can live in Oregon, put your money in the Utah plan, and send your kid to Dartmouth.

So you’re probably wondering which plan is best for your family, a family with at least one physician actively engaged in the practice of medicine. If you were just the average American family, you might find the answer in Consumer Reports or Morningstar (a fund rating firm), in which case they usually recommend Utah’s plan and Nebraska’s plans due to their very low cost and flexible investment offerings.

But you’re not average. You’re a doctor.

So the place you begin looking for a plan is in your own back yard, for two reasons:

  1. Income taxes: Some state-sponsored plans make tax breaks available to their residents. Though these tax breaks are often small (less than $500 in most cases), they’re worth having.
  2. Asset protection: While 529 plans receive protection under the Bankruptcy Abuse Prevention Act, they’re only protected if you actually declare bankruptcy. Ugh! However, you may find yourself wrangling with a malpractice claim in a situation where you’re NOT going to declare bankruptcy, in which case you may find yourself relying on your state’s asset protection laws. From what we’ve seen and read, 529 plan asset protection created by state laws seems to only apply to the residents of the state who participate in that state’s plan (check out this blog post from the Florida Asset Protection Blog for an example). This isn’t legal advice, so consult your attorney for details.

Once you’ve decided to stay in your home state, find out which plans are “direct-sold” and which are “broker-sold”. The direct-sold plans are not really “sold” at all. They’re commission-free plans that are self-service, meaning you pick your investments yourself, and you open the account yourself.

So why would anybody pay a commission to get into a 529 plan? The only reason I can really think of would be service. (The broker-sold 529 plans usually have lower investment returns due to higher costs). And you only need this service if you either don’t know how to do it yourself, or you don’t want to bother with it.

If you don’t know how to do it yourself but you would like to learn, stay tuned.

Categories : College, Self Defense, Taxes

Saving for College: The Ultimate Savings Machine for Physicians

by W. Ben Utley, CFP®
10 Sep

Imagine that you’re on a road trip with your teenager. You’re driving down the highway, hopefully having one of those can-only-have-it-in-the-car heart talks, discovering who they really are, and working in some quality time. But as you’re talking, you realize this is both the happiest and the saddest trip of your life: you’re driving your kid to college.

How will you get there?

It’s time to wipe the tears out of your eyes and snap back to the present because we’re going to test drive three different “vehicles” you can use to save for college.

1. The Uniform Transfer/Gift to Minors Account (UGMA/UTMA)

It all depends on which state you live in as to whether there’s a “T” or a “G” in this one’s name, but both the UTMA and the UGMA do basically the same thing, and that is to hold money for a minor child’s benefit.

Up until the time your child reaches the “age of majority” (usually 18 or 21 depending on your state), you can use the money for just about any kind of education (college, private K-12, etc.) and other non-essential expenses (like violin lessons and space camp).

You see, the UTMA is not really a college savings vehicle at all. Rather, it’s truly a “custodial” account for the benefit of a child. It solves the problem that crops up when a minor receives a gift or inheritance before they’re old enough to be legally responsible for him/herself.

UGMA’s have long been the de facto standard for college funding (and we still see old stockbrokers setting these up for none-the-wiser clients) but this tax break was greatly diluted by recent changes in the “kiddie tax” law (call your tax advisor for details).

What’s bad about Uniform Transfer to Minors Accounts is that when your kid reaches the age of majority, the money is all theirs. I say “kid” here because your child may not actually be a student when they receive the money, and they may actually decide to take the money out and blow it! It’s THEIR money and they can use it any way they like.

If college savings vehicles were cars, this one would be a lemon, and we mention it here only so you’ll know not to pursue it.

2. The Coverdell Education Savings Account

Formerly known as the “Education IRA”, the Coverdell Education Savings Account (or CESA) is a decent alternative for funding college for most people, but it’s not that great for doctors who want their brighter children to attend better colleges.

Why?

The limit on contributions to these accounts is only $2,000 per year per child. By the calculations in our previous articles, that’s less than 16% of the total savings you’d need to set aside to pay for the Ivy Leagues.

From a tax standpoint, CESA’s function much like a Roth IRA. Contributions are made on an after-tax basis. Earnings grow tax-deferred, and qualified withdrawals are tax-free. Between now and the year 2011, you can use the money for qualified K-12 and college expenses. After 2010 CESA’s are for college expenses only.

Where rights of ownership are concerned, beware that the CESA functions much like the UTMA. At some point, your kid can take possession of the money.

Bottom Line? If grandma and grandpa are reading Money magazine and they’re bent on opening a CESA for your kid, take the money. Otherwise, make a move up to the BMW of college savings accounts…

3. The Ultimate Savings Machine: The 529 Plan

There are two things I love about the 529 plan accounts: asset protection, and asset protection.

First, asset protection. When you put money into a 529 college savings account, you’re putting money into YOUR OWN account, not an account for your child. When you look at the statement, it will say, “Dr. William B. Killdare”, not “William Killdare for the benefit of William Killdare Jr.” That means you always have control of the money, and you can withdraw the money (with a small penalty) at any time should your child decide not to go to college.

“Pshaw.” I can hear you say, “There’s no way my child won’t go to college.” And I believe you. But if you read my last article, then you know you should start saving very early, and it’s tough to know exactly how a 1-year old will turn out. If you want to be certain, then you can use the 529 to keep the money under thumb.

Now, let me tell you about the other kind asset protection. In some states, 529 college savings plans are regarded as “spendthrift trusts,” meaning creditors can’t get their hands on the money before the beneficiaries can use it for the designated purpose. Congress also saw fit to wrap these accounts with protection under the recently-enacted Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (what the pros call “BAPA”). This is not legal advice, so consult with your attorney before relying on these details.

Beyond the obvious benefit of protecting the money you’d use to pay for college, there are other perks.

  • There’s practically no limit as to how much you can put into a 529 account, unlike CESA’s.
  • Contributions in some states receive a tax break, earnings grow tax-deferred, and withdrawals are tax free when used to cover qualified higher education expenses (QHEE) like tuition, books, supplies, equipment and a certain amount of room and board.

 

The only caveat about 529 accounts is just this: If you put more money in the account than you can actually use, be prepared to pay taxes and penalties.

Bottom Line: For physician families, the 529 is generally the best vehicle for college.

Categories : College, Saving, Self Defense

Bankruptcy Abuse Prevention Act: What does it mean to physicians?

by W. Ben Utley, CFP®
21 Apr

President Bush signed the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 into law Wednesday. It was the most comprehensive renovation in the code’s 27 year history, and can be expected to profoundly impact the 1.3 million Americans who file bankruptcy each year.

While a successful tort claim (malpractice suit) may not force a doctor into bankruptcy, it may cause him/her to lose malpractice coverage and, ultimately, the ability to earn an income. Without an income, loans and other off-balance-sheet obligations may result in bankruptcy.

So what does the new law mean to physicians?

  • It specifically exempts most tax-exempt retirement plans from bankruptcy (meaning you get to keep them). Examples of exempt assets include 401k’s, 403b’s (the hospital doctor’s version of a 401k), 457 plans (for federally-employed doctors), SEP-IRA’s and SIMPLE-IRA’s without limitation. It also affirms the exemption for IRA’s but limits the exemption to $1 million. Doctors who plan to roll their 401k balances into an IRA should keep a good paper trail to prove the money’s source and preserve the exemption. Doctor who don’t already have a “cross-tested plan” (the one that lets you put away about $40K per year), really ought to check into one.
  • It also puts a cap on the “homestead exemption” or the amount of home equity a debtor may keep after bankruptcy. For Oregon doctors, this is not a big change, since Oregon’s paltry $33,000 homestead exemption is WAY lower than the $125,000 cap stipulated in the new law. Oregon physicians who now own homes in states with high limits or no limit on exempt equity (including Kansas, Florida, Iowa, South Dakota and Texas) will be affected by the law change. Practitioners in high risk specialties might want to investigate the purchase of a second residence in a state other than Oregon as a means to protect assets. While this is still a decent strategy, the new law makes it more cumbersome, and requires a greater amount of diligence in the planning process.
  • The new law uses “means testing” to determine whether the bankruptcy will be Chapter 7 or Chapter 13. Chapter 7 wipes most debts clean while Chapter 13 is a “reorganization” that causes debtors to repay their debts. Due to their high earning capacity, most physicians will be forced into Chapter 13, meaning they may be forced to repay a big chunk of their debts. Ouch!

If you want to protect your assets, do your planning early. Once you’re being sued, it’s too late.

Categories : Estate Planning, Self Defense

Is the Oregon 529 plan best for Oregon physicians?

by W. Ben Utley, CFP®
17 Apr

Last year,  when the Oregon College Savings Plan got a major face lift (after Strong Funds got the boot over the fund trading scandal, that is), it seemed that the best college savings option for Oregon physicians might indeed be the Oregon College Savings Plan. Once the Oregon 529 plan adopted the Vanguard Funds, I breathed a huge sigh of relief since my kids’ money was in that old Strong Funds lineup, too. The only way to get the $180 Oregon state tax break is to put money (at least $2000) into the Oregon plan.

Now that many Oregon physicians are beginning to use Oregon 529 plans as an asset protection tool, we’re beginning to see mongo balances in these plan accounts. So I asked myself, “Is Oregon’s 529 plan the best for large plan balances, particularly doctors in Oregon?”

I’m a fan of Vanguard funds. And if you like Vanguard funds and you want a 529 plan with Vanguard-laden choices, then you’ll love the  Utah plan, which is Vanguard’s chosen vehicle for deploying their index lineup in to the 529 war. At the outset, it would be easy to look at both the Oregon 529 and the Utah 529 and say, “Hey, they both use Vanguard index funds, so they’re both going to get the same performance, and they’re both going to have pretty much the same fees.” But that would only be half right.

According to Utah’s fee structure infosheet, the years-to-college portfolio (Option 7) has a maximum fund expense ratio of about 0.11% (or $11 per $10,000 of assets). A similarly weighted selection of the Vanguard index funds offered through the Oregon 529 plan would have an expense ratio of about 36 basis points (0.36%, or $36 per $10,000). (It seems the Utah 529 plan is using “institutional” class shares while the Oregon 529 plan is using retail shares of the Vanguard funds.)

So that’s a difference of merely $25/year per $10,000. Big deal, right?

Both Utah and Oregon levy about 0.25% in admin fees on top of the fund operating expenses, but Utah caps this fee at $25 per year while Oregon has no cap.

So an Oregon physician who has $100,000 in her Oregon 529 plan pays $250/year in admin fees plus $360/year in fund fees, or $610/year. Subtract the $180 tax credit and the fees come to $430/year. But an Oregon physician who stashes that same $100K in the Utah plan pays just $135 in fees (that’s 0.11% of $100K + $25 + $0 tax credit). Now the difference is beginning to add up, and in fact it’s about $295.

So where’s the breakeven for funding the Oregon 529 vs. the Utah 529 plan?

Oregon physicians who stash at least $41K annually (3500/mo), will likely be better off with the Utah 529 plan. To put it in perspective, $41K is about the right annual contribution for sending twin two-year-olds to an Ivy League school for four years. Doctors that are sending their kids to an Oregon college or other public school might be better off with the Oregon plan.

Of course, doctors who are not actively funding their plans will save investment-related expenses by parking their 529 plans in Utah, since the $180 tax credit is only available on annual contributions.

A decent approach for doctors who don’t mind a little extra paperwork (though I’ve never met one who described himself in this manner), would be to fund the Oregon plan for the first $2K every year (to get the maximum tax credit), then fund the Utah plan for the balance of that year’s contribution.


UPDATE: An estate planning attorney tells me that the Oregon College Savings Plan may yield protection from creditors for doctors who live in Oregon, but plans from other states may not provide the same level of protection for Oregon-based physicians.

Categories : College, Self Defense

The Seris LLC helps doctors C.O.P.E. with liability

by W. Ben Utley, CFP®
10 Apr

For years, LLC’s (limited liability companies) and other charging order protective entities (COPE’s) have served as an asset protective device for doctors. Most commonly, a group of physicians will establish a COPE to hold the practice group, one to hold the medical office building, and one or more to hold expensive equipment that might otherwise be “rich targets” for would-be tort claimants. While this has been an effective asset protection strategy, it gives rise to multiple business entities which can be complex and costly to administrate.

The Delaware LLC Act yields a COPE called the “Series LLC.” Within one entity (the Series LLC) are a number of ”series” that can hold assets (like equipment) or entire segments of a business. Think of each series as a “virtual bucket” to hold title to property and be solely liable for it’s own liabilities, including successful future tort claims.

How might a Series LLC be used by doctors?

  • a urology practice might establish a Series LLC and put a lithotripsy machine in one bucket and a CT scanner in another
  • two gastroenterology groups might want to use a Series LLC to aggregate their businesses for the sake of negotiating insurance reimbursements but keep their assets, liabilities and cash flows in separate buckets for other purposes
  • a physician-turned-real-estate-mogul might want to store each of his rental properties in a separate bucket under the LLC to shield one property from potential liabilities of the others

As I consider practical implications of the Series LLC, I can’t help but think about the “control group” aspects that might be an issue for employer-sponsored retirement programs (aka “your 401k) and all the numerous tax and medicolegal implications of such arrangements. If you think a Series LLC might be right for your practice, it goes without saying that you should consult your CPA, your attorneys and your pension consultant.

Categories : Estate Planning, Self Defense

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