Many times we’ve been asked about whether or not a long-term disability claim can be denied because of a pre-existing condition. Like many aspects regarding laws and the interpretation of such, the answer is – it depends. Because it depends also on the insurance company’s policy clauses and whether your policy is of a private nature or one that was attained through an employer, it is important to seek the advice of a long-term disability attorney.
Because they can technically deny your claim and even rescind your private policy, it is of the utmost importance to include your entire medical history on your application for benefits. If, at any time, the insurance carrier discovers a condition that you did not initially include, they can cancel the policy at that time, seeing it as a fraudulent misrepresentation.
Employer-supported policies, those that are governed by ERISA law, often include clauses in regards to pre-existing conditions. Often, if more than a year passes between the time the policy was initiated and a claim was filed, a pre-existing condition should have little effect on your disability claim.
Again, every policy is different, as is every disability claimant. Your particular set of circumstances will determine the outcome of your claim. Be sure to enlist the help of an attorney that specializes in ERISA law and be as forthright and honest with your long-term disability attorney as possible, leaving nothing out.