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.
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