Long Term Disability Benefits

[gabyelbaz]

Jurisdiction

New York

I am currently receiving workers comp benefits from my company in New York and not working for 1 year now. Three months ago an Independent Medical Exam determined that I'm 25% disabled. My company accepted the claim but recently reduced my benefit amount by 75% and can't offer me light duty work.

One month ago, my LTD insurance plan at my company reviewed my disability status and decided that I no longer meet the Disabled definition under the plan and identified (through vocational assessment) that a gainful occupation (which meet my earning requirement) existed around my home and, therefore, I'm no longer eligible to receive LTD benefits.

Do I have legal grounds to appeal the LTD discontinuation/denial? If yes, how?

 

[army judge]

Do I have legal grounds to appeal the LTD discontinuation/denial? If yes, how?

I suggest you discuss your dilemma with several WC lawyers in your area.

 

[ElleMD]

Any appeal rights and time frames would be spelled out in your insurance policy documents. There is no one sixe fits all answer. It would be rare for a LTD policy to pay based on a work injury, but anything is possible.