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time limitations on pre existing condition clauses

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mattgil

Junior Member
What is the name of your state? Missouri

I have exhausted my FMLA and all my vacation and sick leave and my company is stating that I am not eligable for long term disability because of the pre existing condition clause. I have been informed that there is a time limit on the clause. I have been insured through the company a little over two years and they have been covering my meds for the same condition. Is there a law or statute that some one can give me that I may copy and or quote when I appeal the long term disablility. I have heard that pre existing clauses can be no longer than two years. I have been inssured on this policy for over that period. This conpany is stating any condition that existed before employment will never be covered.
 


cbg

I'm a Northern Girl
I have been unable to either confirm or deny the existance of such a law in your state.

Your state insurance commission should be able to advise you.
 

Mrs3

Junior Member
You need to get a copy of your LTD policy and see what it says (your employer must supply this to you upon request). The policy language will outline the pre-existing clauses. That is what you need, not the state law.

You will also need the date (which should be in your policy) that your policy became active and then do the math.

My LTD pre-existing was one year but I don't know what is "usual".
 

cbg

I'm a Northern Girl
State law does matter. The plan document cannot contain any language that is contrary to state law. If there is such a law, the plan document cannot override it.
 

Mrs3

Junior Member
Agreed cbg -

I guess my point was that the answers to this question would be found in the policy docs - but the OP is not clear as to whether these have been consulted.
 

cbg

I'm a Northern Girl
The OP does not appear to be questioning whether or not the clause exists; only whether such a clause is lawful under his/her state's law.
 

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