I was diagnosed with arthritis in my early 20s. I am now 38. I started a new job ten months ago. Recently my arthritis pain became so severe that I could not work, so I applied for disability insurance through my new group plan. They denied my claim because my arthritis is a pre-existing condition. Can they do this?
If you are working in a relatively new job, and your coverage has been in place for less than one year (in most cases), there is usually a pre-existing exclusion for long-term disability benefits that is part of the policy. This allows the insurance company to investigate whether your current disabling condition was something you were already consulting with health care providers about or receiving treatment for in the defined period of time. These cases can be quite complex and it is sometimes possible to dispute the insurance company’s denial based on a pre-existing exclusion. You should consult an experienced disability lawyer to see whether you have a case.
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This searchable database contains information about disability, critical illness and life insurance claims, and what you can do if you are denied or cut
off of your benefits. It is a collection of the most common questions we receive from our clients. General answers have been provided by our lawyers.