Ask a Lawyer About Diabetes

Ask a Lawyer About Diabetes

In this blog post, Share Lawyers’ answers questions from potential clients with diabetes. Read on to learn more about particular issues surrounding diabetes and disability claims.

Q: What is a pre-existing condition?

A: A pre-existing condition is a term used by insurance companies to describe a medical condition that existed prior to your disability insurance coverage. For example, if you started at your job six months ago and now find that you cannot do your job because of diabetes or asthma, your insurance company may argue that your condition existed prior to your coverage and attempt to deny your claim. If your claim has been denied because of a pre-existing condition, you should contact an experienced lawyer.

Q: I’ve had diabetes for 10 years. It has progressed since I got disability insurance. Can I make a disability claim even though the condition is not new?

A: If you have been covered by your disability policy for an extended time, then your claim cannot usually be declined because it was a pre-existing condition. If you have only had disability coverage for a short time (e.g. less than one year), then any claim would usually be reviewed to determine whether it can be denied based on the exclusion clause for pre-existing conditions, which is part of most long-term disability policies.

Q: My insurance company has dismissed my claim for long-term disability benefits because they believe that my diabetes is manageable. How can I prove to them that the symptoms prevent me from doing my job?

A: Many of the disputed disability claims involve invisible disabilities. Insurance companies have great difficulty accepting claims where there is no “proof” i.e., MRI, X-rays or other medical testing to substantiate the illness or medical condition. Unfortunately, these are cases that most often require legal action where strong advocacy and strong medical evidence can be provided to persuade the insurance company that they should either approve benefits or agree to a settlement.

Has your long term disability claim been denied? Contact Share Lawyers and put our experience to work for you. We offer free consultations and there are no fees unless we win your case. Find out if you have a disability case.

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