Question
What can I do if Unum will make me subject to a pre-exisitng confition review if I don't return to work when they want me to?
On September 13th, 2015 my short term disability ended with Unum. I was still unable to work after my knee surgery. I contacted Unum about my disability going over to long term disability. It has been nearly a month and my long term disability is still not approved. The person handling my claim has told me if I return to work on October 15th, 2015 then they will go ahead and pay my claim until the day I return to work and close my case but if I do not return to work I will be subject to a pre-existing condition review. My electric is being cut off and I cannot pay any other bills because I have no income at all. I feel like they are bullying me to return to work even if I am not ready. and if I do not return to work then they will delay my claim even further. I feel stuck and like I am being forced to go back to work just to pay bills. My claim has been delayed over and over. Each time I have to give them the same information about my doctors and what is going on. Is there anything I can do?
Answer
Alyssa, There is some serious concern raised at the mention of a pre-existing condition. If you have been covered under your employer’s long term disability policy for less than a year before you went on disability and you received treatment for your knee during the corresponding “look back period” (typically 3-6 months) then your claim could very well be denied for a pre-existing condition. I strongly suggest you obtain a copy of your LTD policy from your employer to see how pre-existing conditions are defined. Once you have a copy of same please feel free to contact our office to discuss your claim in greater detail.
