Legal Question in Disability Law in Georgia
Insurance Co. denies group health benefits for college student.
I have a 19yr old son who suffered a traumatic brain injury when he was 15. While he recovered well from his accident, he continues to have a difficult time in school. He attends an accredited 2yr college and has been recommended by his doctor to take a lighter load-- fewer than the required number of credits to be considered a full-time student. As a result, my insurance co. has indicated that he no longer can be covered under my group health plan--that he must take a full credit load (12hrs) to remain on the plan.
I've subbmitted documentation to the insurance co. and my protest was denied. Can anyone recommend a course of action that we can pursue to keep my son insured? Are there provisions under the American With Disabilities Act that apply? We would appreciated your help. Thank you.
1 Answer from Attorneys
Insurance Co. denies group health benefits for college student.
While I don't know whether any provisions of the ADA or any other statute might be applicable, why not have him ENROLL in the 12 hours of classes, with the express prior understanding (and approval from instructors) that he will either take incompletes in a some of the classes or to drop the classes entirely if he is unable to complete the work later?This is not a permanent solution, but could get you some valuable time.
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