Legal Question in Insurance Law in Georgia

Re: long term disability claim

I had not focused on the date on my first read. 1996? Hard to see why you waited so long to raise this issue. Yes, you are likely to have a statute of limitations problem at this point. This looks like something that might have been a good case 9 years ago, but is unlikely to be now.

Re: long term disability claim

There's just not enough information here to know. It is not usually your physician's responsibility to file a claim for you...just to provide a statement to document it. However, having terminated the person responsible for managing disability claims within the company is not a very good defense to the company for any obligations it may have had. I do not know if this program is insured, self-insured or partially-insured, and that could make a difference. Also, this matter is almost certainly governed by a federal law called ERISA, and it is not likely that much in the way of traditional state law applies, although insurance law could. To assess your case properly, I would need to interview you in detail and review all the relevant plan documents, summary plan descriptions, administrative services agreements and insurance policies. But it does sound like it's possible you have a case. ERISA (employee benefits) is my historic primary area of concentration, but it is not a specific listed category on LawGuru. If you would like me to consider you for representation, contact me for a free initial consultation. My contact information is under my profile, and my e-mail address is [email protected]