Q: I was injured in 2014, qualified for SSDI and my LTD insurance cut me off in April 2016. What recourse do I have?

My injury is a fractured foot with torn ligaments/tendons and 5 herniated cervical discs. When Medicare started in July 2016, I scheduled the corrective surgery on my foot and am still recovering. I will have to go through physical therapy and rehab for strengthening and weight bearing. I still have pain, headaches, structural and neurological issues related to the neck injury and cannot go but a short time without elevating my foot or laying down to rest my neck and foot to keep it from swelling. Needless to say, my endurance has decreased dramatically. I'm currently on Home Health for help with personal care and some PT. The LTD policy states that they will cover me until age 65 or retirement if qualified. I've already lost my home, my marriage and am in danger of losing my vehicle. Until recently, I was unable to afford to pay healthcare premiums to get the necessary treatments and pay for visits out of pocket as well in order to meet the 6500.00 deductible.

1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing

A: You have to appeal the Long term Disabiltiy cut off. Not sure why medicare isn't covering you--a good Medicare B would mean no deductibles. As to your auto, check and make sure that when you bought it you didn't purchase disability coverage. Even if you are sure you didn't, it sometimes happens you did.Talk to a member of the Texas Trial Lawyers Assn who handles long term care insurance issues.

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