Court Slams CIGNA for
Back in the 1980s and ’90s, almost every sports movie included a training montage — and no montage was complete without a giant paper calendar hanging on the hero’s wall. As time ticked by and the big game or contest approached, the hero crossed the days out one by one. Each square was a success, and it was another day of training down! It sounds silly, but according to habit expert and “Atomic Habits” author James Clear, that giant calendar isn’t just movie magic. It actually works! For some people, tracking their habits — literally writing down their successes and failures in order to keep a record — is an effective way to build and stick with new routines, like New Year’s resolutions. THE EASY WAY TO STAY MOTIVATED Yes, Habit Tracking Actually Works!
CLIENT WAS DEN
My client’s life changed forever on a pleasant afternoon drive with her husband. He was driving and, in a moment of distraction, had continued driving a straight path when the road curved, sending them into an oncoming truck’s path. It was a miracle my client survived the fiery crash at all. Tragically, her husband died in the hospital. While no great consolation, at least her late husband had paid for accidental death and dismemberment insurance with CIGNA to protect her. At least, she thought, she would be okay financially. But citing its intoxication exclusion, CIGNA denied the claim, explaining that his blood and urine samples proved he was intoxicated and that the accident report said he was “impaired.” CIGNA didn’t bother to tell her that its toxicologist hired to review that evidence said it COULD NOT support impairment. CIGNA persisted in its denial on “administrative appeal,” never disclosing its toxicologist’s report. After we filed suit in federal court, CIGNA produced its toxicologist’s report buried in 1,000 pages of legal documents. At trial, to my client’s dismay, the district court judge ruled in favor of CIGNA, citing ERISA law. But the U.S. Fifth Circuit unanimously reversed and ruled for our client.
In his book, Clear writes that habit tracking works because it makes a particular behavior “obvious, attractive, and satisfying.” Tracking our habits in a visible place (like a calendar
on the wall) reminds us to keep our “streak” of good behavior alive and holds us accountable if we mess up. It also just feels good to cross a square off of the calendar.
Does your office turn away calls about “long-term disability insurance” claim denials because you don’t handle administrative appeals or “ERISA litigation” in federal court? We want to hear from you! We happily share fees on referred ERISA long-term disability, life insurance, and accidental death insurance denial cases. Send us an email at briefrecess@jpricemcnamara.com or call (225) 201-8311 to start the referral process! WE VALUE YOUR REFERRALS!
“The most effective form of motivation is progress,” Clear explains. “When we get a signal that we are moving forward, we become more motivated to continue down that path. In this way, habit tracking can have an additive effect on motivation. Every small win feeds your desire.” You don’t need to use a ’90s calendar to track your habits in 2022. Instead, Clear recommends leveraging technology to make tracking as easy as possible. If you want to build better spending habits, put your credit card statements (which track your spending automatically) front and center. If you want to take more steps each day, buy a Fitbit so you don’t have to count them. That said, if you go the pen-and-paper route — or prefer an Excel spreadsheet — Clear suggests tracking your habit immediately after you finish it. That way, you’ll associate your positive behavior with the rush of satisfaction you get from checking a day off the calendar.
ERISA is all we do!
To learn more about Clear’s methods and download his free Habit Tracker Template, visit AtomicHabits.com/tracker .
WinMyBenefits.com 2
Made with FlippingBook Ebook Creator