Legal Question in Insurance Law in California
Short Term - Long Term Disabilty
I am on disability for severe panic disorder. After months of testing I was sent to a neurologist. The neurologist stated he has never seen anyone given so much medication. In 6months I went from no medication to, daily: 20mg Paxil, 90mg Ritalin, 20mg Adderall, 600mg Lith, 1mg Clonaz, 150mg Effexor. I was diagnosed with ADD and Turrets Syndrome. I have two types of disability insurance, Short Term & Long Term both are from the same provider. My short term is almost up, I need to switch to long term and they want access to my financial records, they want me to sign a release form that historically was only for medical reports. This new form includes access to; �Work information, job duties, earnings, personnel records, client lists, credit information, pension benefits, bank records, business transactions, social security benefits, and academic transcripts.� I don�t understand why they are all of a sudden requesting all of this, and for the past six months they never asked for any of it. Do I have to give them that level of leverage into my personal life?
3 Answers from Attorneys
Re: Short Term - Long Term Disabilty
I think you're asking two questions here.
1. Was there a malpractice by prescribing too many drugs (as expressed by the neurologist)?
You should definitely get a second or even third medical opinion to make sure you are not taking unnecessary drugs.
2. Are they (Ins. Co./Employer) allowed to get all of your mostly private information?
The answer to this question might be found in the policy language. Read your policy VERY CAREFULLY and read it few times. Also, have an attorney to take a look at it. There are numerous cases and statutes (federal and state) that govern certain areas of privacy law. Thus, the money here would be well spent on an attorney's advice.
Good luck.
Re: Short Term - Long Term Disabilty
Some of this stuff seems relevant; much of it doesn't. Client lists could be trade secrets and disclosure might be illegal. I suggest you contact the insurance claims department and ask why they need this information, how they protect its confidentiality and what happens if you do not want to give it to them and why.
Re: Short Term - Long Term Disabilty
You have certain statutory and constitutional rights to privacy, which you can waive. On the other hand, the insurer is entitled to know if you are obtaining income from working.
I would first get the insurer's written acknowledgment that medically, you are entitled to long term benefits. Is there a different definition of disability in the two policies? If not, then what in the policy refers to your financial condition? Are the policies "general" disability or "your occupation" policies?
Be careful what you do, and deal with insurer only in writing. Hiring a professional to assist/represent you is probably wise.
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