I took out a L/T disability policy with a major insurance co, in 1996 . I became disabled in 2013. They paid me for 24 mos and

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told me I have reached the maximum benefits on my policy. Can they do this? I thought long term was for life . 24 months is does not seem to be long term.

Attorney Answers

4
Keith Weidner ·
Most LTD policies change the definition of "disabled" after 24 months. For the first 24 months, you must have a medical condition which prevents you from performing your "own occupation." After that, your condition has to be so severe it prevents you from performing any occupation you are qualified to perform based on your age, education & training. Many LTD policies have a 24 month limit on disablities caused by a mental health condition. Your policy may be governed by federal ERISA law which is not favorable for the policy holder (you). ERISA law places short and strict deadlines on you. You need to have a lawyer who specializes in ERISA LTD policies sooner than later.
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John Vincent TuckerEmployee Benefits LawyerSaint Petersburg, FL ·
AS Mr. Weidner explained, it is common for disability insurers to have definitions of "disability" that change after 24 months. It is also common to have limitations for certain types of conditions (mental/nervous, "self-reported" symptoms like migraines, etc.), so look at the limitations section in your policy too. Just because they decided you are no longer disabled does not mean they are right. Read the terms, and if you think they are wrong, you should immediately call an attorney that is experienced in handling Disability Insurance. You do not want a Social Security attorney or a personal injury attorney that says they do insurance too, you want to call a Disability Insurance attorney.
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Thomas Farrell ·
Under many private long term disability policies, after benefits have been payable for 24 months, the definition of disability changes from "own occupation" (inability to perform one's own job) to "any occupation" (inability to perform any job). In addition, benefits are commonly limited to 24 months for disability caused by specified conditions, including mental illness.
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