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JAN 27 1995

The Honorable Corrine Brown


Member, U.S. House of Representatives
75 Ivanhoe Boulevard
Chamber of Commerce
Orlando, Florida 32802

Dear Congresswoman Brown:

This is in response to your inquiry on behalf of your


constituent, XX , regarding the application of the
Americans with Disabilities Act (ADA) to insurance.

The ADA prohibits discrimination on the basis of disability


by places of public accommodation, including service
establishments such as insurance companies. Therefore, an
insurance company may be prohibited by the ADA from
discriminating on the basis of disability in making decisions to
grant or deny coverage, and in setting rates for types of
coverage.

An insurance company will not, however, be prohibited by the


ADA from administering its benefit plan in accordance with State
insurance laws. 28 C.F.R. 36.212. Therefore, State law may
also play a significant role in the determination of an insurance
company's duties regarding individuals with disabilities, but
such State law may not be used as a subterfuge to evade the
purposes of the ADA.

I hope this information will be helpful to you in responding


to your constituent.

Sincerely,

Deval L. Patrick
Assistant Attorney General
Civil Rights Division

01-03593

10-5-94
Honorable Bill McCollum
605 E Robinson - Suite 650
Orlando FL 32801

Dear Congressman McCollum,

I am writing you for the purpose of


seeking your assistance in the area of
disability discrimination.

I was diagnosed with Agoraphobia by my


Doctors in May. I was told that I would
never work again because my condition was
chronic & was a chemical imbalance of the brain.

My Doctors told me that my condition was of


a biological nature & not a mental state.

I took my disability believing that I would


be compensated by my Long Term Disability
Program.

I was later informed by my Ins company


that my condition was coded mental not
physical & that I would only received benefits
for 24 months.
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As a mgr. with a Fortune 500 company, my


income was considerable, but my problem got
worse & I had to take my disability, but
my life has been turned around because of
this discrimination.

My belief is that if you are disabled, you


are disabled, regardless of the status -
In 24 months I will be cut off by my
Ins company and will loose everything that I
have worked so hard & long to achieve.

I will not be able to function in society


& the job market because of my disability.
The Ins company stated to me that my
company opted to put this limitation in the
policy because of "higher premiums" that would
have to be paid to cover mental/nervous
disorders - It is simply a money thing with Ins co
but people like me lives are being ruined because of
"so called mental problems" are treated in a
second class situation & are not recognized
as being just as disabling as physical problems -

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Mr. Congressman, this discrimination must change.


People are being hurt & lives are being destroyed
because of higher premiums on Ins policies in lieu
of peoples well fair.
I was told by the E.E.O.C. in Washington
that this problem is being addressed and the
discrimination may be changed in the future -
I spoke with: Kathleen Courtney - Attorney
of the Day - E.E.O.C. in Washington on 10/4/94
pH: 202-663-4652.

I am a Vietnam veteran that needs the


assistance of my congressman to help me &
people like me, to overcome this blanton act of
discrimination who suffer from a real problem,
just the same as people with physical disabilities.

Thanking you in advance for your consideration


in this very important matter. We need your
support to give us equality in our lives.

Sincerely,

XX
Apopka, Fl 32712
XX

01-03596