Question

Does Obama Care apply to pre-existing conditions in disability insurance policies?

Asked on January 13th 2016 by Mary
The contract company I work for advised me you can apply for short term disability benefits at any time, not just during the medical enrollment. I wa up front and honest and told them I just found out I needed to have surgery. They told me my benefits would be available on January 1st. I thought great my surgery was a week later. The day after my surgery New York Life calls and tells me it is denied since it was pre existing condition. I don’t understand how it can be pre existing when i just found out I needed surgery the middle of November 2015 and surgery was scheduled for Jan 5th. Even if I would have put off my surgery I would not be covered. I thought Obama Care had ruled there is no pre existing conditions anymore. Could someone reach out to me with some advice.

Answer

Answered on January 15th 2016 by Attorney Stephen Jessup

Mary, “Obama Care” does not apply to pre-existing conditions in disability insurance policies. You will need to review the language for pre-existing condition contained in the policy. If you became eligible for benefits as of January 1 and had surgery less than a week later, then there does stand a likely chance you would fall into the pre-existing condition period in the policy for having received treatment for the condition you went on disability for prior to effective coverage