Question

Should I be able to restrict the release of medical records to under 24 months period?

Asked on March 17th 2017 by Connie
Working for only six months with the company that pays for Mutual Omaha disability insurance. I received the papers to file for STD after being placed on medical leave by my doctor and there is authorization to release medical and financial records forms. I do have the pre existing condition if they check more than 24 months medical records, so I expect a denial. Should I be able to restrict the release of medical records to under 24 months period? Is working comp a better alternative because Mutual Omaha may not pay a penny and appealing the denial may not get any other results because the right of refusal under pre existing condition not to mention my expenses are covered by my husband. In a non medical lawsuit these pre existing conditions also appliy?

Answer

Answered on March 20th 2017 by Attorney Jay Symonds

Connie, although you could attempt to limit the medical records to be released to Mutual of Omaha, the likely outcome from the information provided would point to your claim being denied due to a pre-existing condition. If your disabling condition is a work related injury/condition then you could explore that option.