Can my long term disability claim be denied for a pre-existing condition?
- Can My Long Term Disability Claim Be Denied for a Pre Existing Condition?
Disability attorney Stephen Jessup discusses if a claimant’s disability claim can be denied due to a pre-existing condition.
Your long-term disability claim can be denied for a pre-existing condition; however, it’s a very fact-specific analysis as to how it’s going to happen. For instance, on a private policy you purchased on your own, if you failed to disclose a medical condition on the application for benefits and then later on you file a claim for that same condition, the insurance company, in conducting their review of your entitlement to benefits, will get medical records. If they see that there is a condition that you didn’t disclose on the application, they will more than likely deny your claim for a pre-existing condition. On top of that, there’s a good chance that they’ll rescind the policy, no matter how old it is as for almost making a fraudulent misrepresentation on the policy.
Now on ERISA-governed group policies you get through your employer, for the most part, as soon as you become employed if there’s a waiting period to become eligible, you’re going to be covered under the plan. However, they do have pre-existing condition clauses contained therein. Usually a safe bet is if you haven’t filed a claim for disability within a year of being covered under your employer’s plan, more than likely you’re not going to fall into a pre-existing condition situation. However, all policies do differ, so if you do have questions, contact us and we can definitely review the policy for you.
There are 28 opinions so far. Add your comment now.
Request a Free Consultation
Click here or call 800-682-8331 now!
We respond the same day.
We represent disability insurance claimants all over the United States.
We have handled thousands of disability claims and you can read about them.
- Attorney Cesar Gavidia successfully appeals Cigna claim denial after Cigna and its medical consultant deny claim alleging that restrictions were not medically supported by the medical records
- Dell & Schaefer Successfully Appeals Denial of Benefits to Fedex Employee
- Dell & Schaefer gets Cigna to Reinstate Long Term Disability Benefits for Former Maryland Teacher Suffering from Crohn’s Disease
- MetLife Reinstates Disability Benefits to Attorney on Appeal
Read what our clients say about us.
- Annissa M. ·Before I started working with Stephen, I was unsure how I was going to navigate the Long Term Disability process. I had already been denied once and was very...› continue
- Sheila W. ·I would like to make sure that whomever Alex's boss is knows how good he is. He was always was so kind and I felt like he would take good care of me. His opening...› continue
- Janet ·I worked with Rachel Alters, who was very knowledgable about ERISA, my health condition and the best way to present information to my private LTD company. Being...› continue