prexisting

[Grandtweety302]

i had a total knee replacement done nov. 2 2000, i was on short term disability from oct.3 to dec.31, on jan 1 2001, i was changed over to long term disability and the insurance company that has the long term insurance says they have to see if i qualify because maybe prexisting problem, i have paid premium 100% out of pocket, someone told me they thought the prexisting clause was done away with by president clinton.please help me i have not recieved any money since dec 31.
thank you

 

[ALawyer]

President Clinton did away with a lot of things, but I don't think he did away with disability coverage rules. This is not health insurance where some pre-existing coverage rules were changed.

This really depends on the nature of the policy you have -- personal or employer based. If you recently bought and paid for the policy yourself, you were asked some health questions and made representations you made, and if you lied, the policy could be rescinded and would not cover you. Others cover you but have a waiting period for pre-existing conditions.

If you had no pre-existing condition get tough and demand payment now. If you think they are just acting in bad faith, see the bad faith section of FreeAdvice.com and then get a lawyer.