When a person sustains an injury or faces a serious illness and is no longer able to work, they can file a disability claim in order to receive benefits to maintain a comfortable life. However, many often wonder, “Will I be denied disability benefits if I have a preexisting condition?”
The answer to this question varies. Many insurance companies have a disability insurance pre-existing condition exclusion that can prevent a person from obtaining coverage for a condition for which he or she was treated or that he or she knew about or should have known about for two years prior to the policy’s effective date. For this reason, people with preexisting conditions who wish to file a disability claim should contact experienced legal representation right away.
Common Types of Pre-Existing Condition Exclusions
Pre-existing condition exclusions exist in order to prevent insured persons from receiving benefits for injuries or illnesses they had prior to the start of the insurance policy. In many cases, an insurance company will deny a claim if it finds that the injury or illness:
- Was a result of a pre-existing condition that was not disclosed in the policy application
- Begins within two years of the date of the policy
For this reason, it is important that an individual includes his or her entire medical history when applying for benefits. If an insurance company discovers a condition that the person did not include while applying, the company can cancel the policy at any time and consider it fraudulent misrepresentation.
Like private insurance policies, employer-supported policies also include clauses about pre-existing conditions. In most cases, if a year passes between the period the employer-supported policy was initiated and the date the claim was filed, the pre-existing condition may hardly affect the person’s disability claim.
ERISA Law Center is Here to Help
Our team at ERISA Law Center understands that insurance policies and the various clauses of each can be highly complex. For this reason, filing a disability claim can be a stressful and anxiety-inducing thought. That is why our team is ready to put our skill and experience on your side. We can examine your insurance policy and determine which strategies can be used to pursue disability benefits for you.
Do not wait to get the help you need. Call ERISA Law Center today! We aggressive fight to help our clients get the benefits they deserve!