Question

If you get MRI on your back does that count as pre existing condition for back injury 8 months later?

Asked on August 9th 2023 by Rusty
I hurt my back at work, had surgery on L1-L5, never been treated for back issue before but my dr had an MRI done 8 months before and I had no treatment for my back before my injury and my LTD insurance has a clause for pre existing and are trying to deny due to an mri as pre existing condition.

Answer

Answered on August 9th 2023 by Attorney Gregory Dell

Rusty: Very tough situation as you had the back MRI which must have been for something related to the back. We would need to see the exact pre-existing language, know your start date for disability coverage and review other policy language. Can you wait to file disability until end of pre-ex policy?