Question
Why can New York Life get away with not paying me anything for my disability?
I had New York Life for my long term disability and short term disability in 2005 – 2006 when I was hurt on my job in 2005. I tried to work for as long as I could but I had to have surgery on my spine in 2006 and than in 2008 and in 2009 and I received worker’s compensation for the time that I was hurt until 2013. I received a check from New York Life for $3400 and they said they are paying me for 2009-2013 for my disability and than they said I was denied any more money for my disability.
But I didn’t file a claim until I got the check for disability and than they denied it and I appalled it and than I hired a lawyer for the appeal and they denied it and said they had not received enough information for my case but on the papers the doctor sent them it said continue on and they denied it for that reason. It said that on the paper they sent me there doctor said I was disabled and my doctor said I was disabled. If I didn’t file a claim for disability yet how they do all they did my workers comp lawyer told me not to worry about it than and my job never asked me about file for it. So who summit the claim for the disability for me. Why didn’t my job tell me what to do before they fired me for being hurt on the job.
My lawyer said they could fire me because I had to have surgery and they can’t save my job. I know it a long time ago but that’s not fair for me to not be able to get help. I am disabled and can’t work anymore because of the injury that I have from my job and I can’t get help with SSD because I am short of a credit and I can’t get SSI because my husband is disabled and getting paid to much money $1500 mouth too much lol. I just feel like I was cheated out of my disability and now I have nothing. Please help me to understand why they can get away with not paying me anything for my disability. Thank you.
But I didn’t file a claim until I got the check for disability and than they denied it and I appalled it and than I hired a lawyer for the appeal and they denied it and said they had not received enough information for my case but on the papers the doctor sent them it said continue on and they denied it for that reason. It said that on the paper they sent me there doctor said I was disabled and my doctor said I was disabled. If I didn’t file a claim for disability yet how they do all they did my workers comp lawyer told me not to worry about it than and my job never asked me about file for it. So who summit the claim for the disability for me. Why didn’t my job tell me what to do before they fired me for being hurt on the job.
My lawyer said they could fire me because I had to have surgery and they can’t save my job. I know it a long time ago but that’s not fair for me to not be able to get help. I am disabled and can’t work anymore because of the injury that I have from my job and I can’t get help with SSD because I am short of a credit and I can’t get SSI because my husband is disabled and getting paid to much money $1500 mouth too much lol. I just feel like I was cheated out of my disability and now I have nothing. Please help me to understand why they can get away with not paying me anything for my disability. Thank you.
Answer
Barbara: It sounds like you have a complex situation. Unfortunately, it also sounds like you had legal representation and exhausted your administrative remedies in 2013. At the time they denied your appeal a lawsuit would have been the next step. By now, the relevant contractual limitations deadline to file a lawsuit has likely expired precluding you pursuing a lawsuit now. If there are other facts you think are relevant, I suggest you contact our office and speak with one of the attorneys to discuss in more detail your circumstances and your options.
