What Rights Do You Have When You Are Cutoff Long-Term Disability Insurance?

I have been receiving long-term disability payments for eight years.  Now my insurance company has cut me off and says I need to go back to work.   What are my rights?

Your rights are dependent on the language of your disability insurance contract, the applicable law, and your medical condition.

Your contract (policy) specifies when you are entitled to receive benefits and what benefits you receive. The law applicable to your insurance contract will tell whether you can take legal action against the company and the nature of the legal action.  Your medical condition - and whether it makes you "disabled" under the definition of disability in your policy - will also determine whether you remain eligible for policy benefits.

So, the question you asked cannot be answered without more knowledge about the items described above.  Even the law applicable to your claim cannot be determined without knowing a lot more about your policy.

Here is the bottom line:  the loss of your disability benefits is a very serious matter that must be addressed quickly.  It is not uncommon for policies to have an appeal period and the appeal is something that must be approached in a very systematic way.   Do not assume that you can lose the appeal and simply file suit and get your benefits back - there are many, many problems with that approach.  

You need to speak with an experienced lawyer about this problem as soon as possible.  We offer an initial consultation at no charge.

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About John A. Day

I am a fifty-three year old lawyer who is fascinated by the law of torts. I have studied the field for over twenty-nine years. I represent plaintiffs in personal injury and wrongful death cases.

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