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 14 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.
- Aetna overturns decision to deny LTD benefits for claimant suffering from post-concussion syndrome and neurocognitive disorder
- Dell & Schaefer ERISA Administrative Appeal Proves to MetLife that Client is Still Disabled and Claim Not Subject to Certain Policy Limitations
- Mutual of Omaha Approves Dell & Schaefer Client for Short Term Disability Benefits After Administrative Appeal
- CIGNA overturns decision to terminate benefits of telephone sales representative with severe degenerative disc disease
Read what our clients say about us.
- Harry K. ·Dell & Schaefer has earned a reputation as a top notch law firm specializing in disability insurance claims. I understand why. My personal experience was nothing short...› continue
- Joe C. ·After being denied twice for my short term disability benefits I called Dell & Schaefer. Then I filed my appeal on my own and was once again denied.After the denial...› continue
- Sabrina J. ·Rachel, Anneli, Carolyn... They were all WONDERFUL! I never would have gotten anything accomplished without their superior knowledge and worth! I would recommend this...› continue