QUESTION

Denied long term disability benefits through my employers LTD Ins. 2 Appeals denied should I pursue legal action

Asked on May 15th, 2013 on Social Security Disability - Massachusetts
More details to this question:
I have been out of work for 15 months due to a medical disability. I have been employed for 25 years with the same company and have paid into LTD benefits through Aetna. I was able to collect Short term disability benefits for 6 months, but have been denied LTD beneifts for the same medical condition. My doctor(s) have provided medical information and support my inability to work at this time. My diagnosis is severe depression with suicidal ideations, psychotic, anxiety and panic disorder. I was told by my Aetna case worker that I can pursue legal action, but no longer able to appeal decision. What , if any, action should I take? I am still out of work on unpaid medical leave.
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1 ANSWER
Answered on May 25th, 2013 at 6:52 PM
First, don't get advice about your legal rights from the insurance company. You may have other options of appeal concerning the long term disability (LTD) case. The time limits are usually very short, so it is important to seek help immediately. Consult with a local attorney about this issue. LTD cases are based upon a contract. Second, assuming the facts are as you say, apply for Social Security Disability. Regardless of the outcome of the LTD case, it sounds as if you may be entitled to disability benefits from the Social Security Administration(SSA).SSA will make a new and independent decision about your disability and they will not base their decision on the LTD policy decision.

No attorney-client relationship has been established because of the information provided. Seek local counsel to address your particular facts. MJHJ

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