A disability can stop you from being able to earn a living, which equates to financial losses and other related difficulties. With the right disability plan, however, you may be able to get some compensation—but you need to review it first.
For example, in November of 2008, a plaintiff endured right-side numbness, dizziness, and blurred vision while at work. He was brought to the hospital and diagnosed with a stroke. After being treated, some symptoms persisted, preventing him from returning to work.
Through an employee welfare benefit plan, the plaintiff successfully received long term disability (LTD) benefits, starting May 23, 2009; however, on October 29, 2009, Aetna informed the plaintiff that his LTD benefits will be terminated two days later because the latter’s health condition ceased to fulfill the insurer’s definition of disability. Aetna based the termination on their "discretion to determine benefits."
If your employer provided you with an LTD plan, chances are, the plan grants your insurer the "discretion to determine benefits." This means that they have the power to determine if you are entitled to benefits or not. Find out if you are subject to this clause by requesting a copy of your policy, then consult with disability lawyers on how you can get around it.
Don’t wait until a disability happens to you. Be prepared and know what the guidelines are in your state of Massachusetts. If you’re facing a case against an insurer, consult with your local lawyers who can show you how you can fight for your rights.