Baltimore, MD asked in Insurance Bad Faith, Insurance Defense and Elder Law for Maryland

Q: what rights do I have if insurance wants to stop paying me disablity. I have been disabled since 1999.

I have pulmonary sarcoidosis, degenrative disc disease, osteo & rhuematoid arthritis. I stay in chronic pain also due to having granulomas brought on from the sarcoidosis! chronic kidney disease, diabetes, asthma , PVC and other health issues/ they are making me see one of their doctors to determine if they should keep paying me.

2 Lawyer Answers
Mark Oakley
Mark Oakley
Answered
  • Estate Planning Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: You need to look at the provisions of the disability insurance policy or plan under which benefits are being paid in order to ascertain what rights they and you have, and what medical standards apply to your situation. You may want to have your own doctors draft a report based on your current condition which supports continued benefits under the standard for disability. There are lawyers who handle insurance claims, and you can also contact the Maryland Insurance Commissioner to file a complaint or appeal an insurance decision based on coverage under your policy. You also can sue the insurance company for breach of the policy provisions for paying benefits if they terminate coverage. There are also lawyers who handle claims for SSI/SSDI benefits (Social Security) related to disability, which may provide additional benefits. Obviously, it is not possible for a lawyer to provide you an answer without all the facts, but you should be proactive in having your own treating physicians document your medical condition and disability rating in order to be prepared in the even the insurance company's doctor renders an adverse opinion.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Insurance Claims Lawyer
  • Little Neck, NY

A: From your description of conditions, this is a complex medical file. You could consult with an attorney and additionally repost your question in the Social Security section of this question board. A disability attorney could review your medical records, the decision to terminate benefits, and determine whether an updated evaluation is necessary from your physicians.

Tim Akpinar

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