Can a Long Term Disability Claim be Denied for a Pre-existing Condition

Author: Disability Attorneys Dell & Schaefer - Contact: diattorney.com
Published: 2010/09/18 - Updated: 2016/03/20
Topic: Disability Insurance Claims - Publications List

Page Content: Synopsis - Introduction - Main

Synopsis: It is possible your long-term disability claim can be denied for a pre-existing condition.

Introduction

Your long-term disability claim can be denied for a pre-existing condition; however, it's a very fact-specific analysis as to how it's going to happen.

Main Item

For instance, on a private policy you purchased on your own, if you failed to disclose a medical condition on the application for benefits and then later on you file a claim for that same condition, the insurance company, in conducting their review of your entitlement to benefits, will get medical records.

If they see that there is a condition that you didn't disclose on the application, they will more than likely deny your claim for a pre-existing condition.

On top of that, there's a good chance that they'll rescind the policy, no matter how old it is as for almost making a fraudulent misrepresentation on the policy.

Now on ERISA governed group policies you get through your employer, for the most part, as soon as you become employed if there's a waiting period to become eligible, you're going to be covered under the plan.

However, they do have pre-existing condition clauses contained therein.

Usually a safe bet is if you haven't filed a claim for disability within a year of being covered under your employer's plan, more than likely you're not going to fall into a pre-existing condition situation.

However, all policies do differ, so if you do have questions, contact us and we can definitely review the policy for you.

Information supplied courtesy of the experts at diattorney.com View several short video clips which answer your most common questions on disability insurance claims.

Explore Similar Topics

- Disability Attorney Gregory Dell writes on how a Kentucky Court overturned a denial of claim for mental illness and awarded claimant long term disability benefits for 24 mth limited period as defined by the LTD Plan.

- Following an investigation Cigna Insurance Company has entered into a regulatory settlement agreement and agreed to re-evaluate thousands long term disability claims that were previously denied.

Citing Information and Page References

Disabled World (DW) is a comprehensive online resource providing information and news related to disabilities, assistive technologies, and accessibility. Founded in 2004 our website covers a wide range of topics, including disability rights, healthcare, education, employment, and independent living, with the goal of supporting the disability community and their families.

Cite This Page (APA): Disability Attorneys Dell & Schaefer. (2010, September 18 - Last revised: 2016, March 20). Can a Long Term Disability Claim be Denied for a Pre-existing Condition. Disabled World (DW). Retrieved February 12, 2025 from www.disabled-world.com/disability/insurance/claims/pre-existing-conditions.php

Permalink: <a href="https://www.disabled-world.com/disability/insurance/claims/pre-existing-conditions.php">Can a Long Term Disability Claim be Denied for a Pre-existing Condition</a>: It is possible your long-term disability claim can be denied for a pre-existing condition.

While we strive to provide accurate and up-to-date information, it's important to note that our content is for general informational purposes only. We always recommend consulting qualified healthcare professionals for personalized medical advice. Any 3rd party offering or advertising does not constitute an endorsement.