Disability Insurance canceled

[Philip Proctor]

New Mexico

My company has provided disability insurance to me for 2+ years and has recently decided to change to AFLAC disability insurance.
I applied for the AFLAC coverage and was turned down due to my being a long-term diabetic.

Does my company still have an obligation to cover me since I was insured before?

 

[ALawyer]

Most employment is "at will" which means that the employer can fire you or change the terms and conditions of your employment at will. The employer could have dropped your salary in half -- on a take it or leave it basis. Or cut off all or any class of insurance for all employees.

The only restriction is that the actions may not be discriminatory on the basis of a special status such as age, sex, race, religion, etc. and if they were not, you probably have no rights (other than any policy "conversion rights" built into the old "group" policy. Of course if the dropping of coverage was pretext, or there was a pattern, that might change things.

I don't think that the AMericans With Disabilities Act protects you but you may want to ask a lawyer specializing in that area in your locale, and if not call the NM department of labor or employment and ask about any special rights you may enjoy under state law.