Question
Is there any case law in which a state government employee LTD plan decided to drop the 24 month mental health limitation? Has there been any success against a state government and Standard using ADA Title I (employee) and 3 (insurance company) from a discrimination basis?
Answer
Marie, thank you for your compliments on our website. We strive very hard to get as much information out there as possible. With regards to your initial questions, I know of no case law that has compelled a state government employee LTD plan to drop the MH limiting language. Also, I know of no success using the ADA Title 1 and 3 to change the policies. Regarding your specific claim, often times MH limiting language can have exceptions for MH claims resulting from an organic cause. We will need to review your actual policy to see if there is a possible exception for your claim. Please feel free to contact us so that we can review your policy for you.












