Pre-existing for Short Term Disability

[iamegggirl]

What is the name of your state (only U.S. law)? Florida

I am filing for STD due to mental health issues (Depression). On my application for STD, it asks if I have ever been disabled as a result of this condition before. I have, but it has been over 5 years ago.

I started my job in August 2007 and was just terminated this month (Aug 2009) because I exhausted all my FMLA and wasn't able to return.

Will this be considered a pre-existing condition on which they can deny me?

 

[cbg]

If you are asking whether they CAN deny you, yes they can.

If you are asking whether they WILL deny you, we have no idea as SeniorJudge took the crystal ball home with him and hasn't given it back yet.

BTW, don't expect to receive benefits for your current situation whether the depression is considered a pre-ex or not. No insurer will cover a disability that is already in progress at the time the policy goes into effect.

 

[iamegggirl]

I'm not asking if they can or will deny me. I'm asking if my depression, for which I previously suffered from enough to not be able to work and be on disability over 5 years ago is considered a pre-existing condition. My social security disability stopped, over 5 years ago, because my disability was deemed "improved" and "ended".

My disability wasn't in effect when my policy started as I was able to function and get to work. My STD/LTD coverage effect date was 3/8/08. I didn't start treatment (i.e., seeing a doctor and medication) until 6/2008. I also didn't start to see a psychiatrist until earlier this month as I was referred to one from my PCP.

Had I been in the "throws" of my mental illness when my coverage began, I wouldn't even have been working.

I did just find my STD policy and it says that a pre-existing condition is one the took place the 12 months prior to the effective date. I wasn't disabled then, so I'm don't see why that would be the reason to not receive benefits.

Thanks

 

[cbg]

Every carrier's definition is different. No one who has not read the policy in question can say whether this will be a pre-existing condition or not.

According to the definition you posted, if you have been treated for this condition at any time in the last 12 months, then it can and probably will be considered a pre-existing condition. If you have not been treated for this condition at all within the last 12 months, then it probably will not. NOTE: taking medication can be considered treatment.

Only the insurance carrier can carve an answer for you in stone. This is not a matter of law; this is a matter of policy.