I am often asked if a long term disability carrier can deny a claim for long term disability benefits because my client can’t afford to get medical treatment?
It is not uncommon for a long term disability recipient to lose their health coverage and be unable to obtain medical treatment. On the other hand, there are long term disability applicants whose medical condition is stable and while they remain disabled, there is really no treatment that would result in any significant improvement. While, in some circumstances, failure to seek treatment or failure to follow a prescribed treatment can be used as a basis for denying long term disability benefits. This is commonly seen in circumstances where the long term disability applicant’s complaints about disabling pain cannot be objectively determined.
In cases where medical treatment is unlikely to be successful or provide any significant improvement, the Court has excused the failure to obtain regular and continued medical care. If your long term disability carrier is threatening to stop your long term disability benefits because you are not receiving regular or continued care, contact Nancy Cavey of Cavey & Barrett to learn your rights and entitlement to continued long term disability benefits by clicking the link or calling us at 727-477-3263.