Question
Does the insurance company have to use your income from the time of a promotion/raise until the date of injury, or can they go back 9 mos. if that’s in the policy?
I was promoted and given a raise in September, and injured 6 months later. They are calculating my pre-disability income based on the previous 9 months. During the first 3 of those months, I was working in an entry-level position at a much lower rate. Can they do that? Is there any case law that might supersede their Policy language? Thanks!
Answer
The Group Policy/Certificate will define how your pre-disability income is calculated for purposes of your disability benefit. You should request the Policy/Certificate from your employer or the carrier and review. If you have any additional issues, I suggest you contact our office and speak with one of the attorneys to discuss in more detail your circumstances and your options.
