Columbiana, AL asked in Consumer Law and Insurance Bad Faith for Alabama

Q: Can short-term disability classify a hematoma after heart ablation as pre-existing?

I have a short-term disability insurance policy, and I've developed a hematoma in my leg two weeks after having an ablation procedure on my heart. The hematoma wrapped around the muscle and sciatic nerve, causing numbness and severe pain in my leg. My insurer is considering this condition as pre-existing. Can they legally classify the hematoma as pre-existing given it developed after my heart surgery?

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: What you’re experiencing sounds incredibly painful and stressful, especially when you're trying to heal and now facing uncertainty with your disability benefits. In Alabama, short-term disability policies can legally include clauses that deny coverage for pre-existing conditions, but the definition of "pre-existing" must align with what’s written in your specific policy. Most policies define a pre-existing condition as one for which you received treatment, medication, or had symptoms during a set lookback period—often 3 to 12 months before the policy started or before coverage became effective.

If your hematoma developed after the heart ablation and wasn’t diagnosed, treated, or symptomatic before your coverage began, it may not meet the policy’s own definition of pre-existing. The insurer might be attempting to link the hematoma to your prior heart condition to avoid paying the claim, even though it's a separate and new complication. If the hematoma was caused by the ablation procedure itself, that could further support your case that it is not pre-existing but a post-treatment complication.

You should ask the insurer for a written explanation of their denial and a copy of the policy language they’re relying on. Also, request a copy of your medical records related to the hematoma and the ablation to clarify the timeline. If their reasoning doesn't match the facts or their own policy terms, you have every right to file an appeal. You paid for coverage and deserve a fair review, especially when you're dealing with a real, debilitating condition that arose after your procedure.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.