Legal Question in Insurance Law in Pennsylvania

What action can I take to collect my disability insurance benefits

I have had severe, debilitating equilibrium problems and dizzy spells for two months, so I decided to collect my short-term disability benefits. I have paid premiums on it for years and this is the first claim I filed. My policy states I can receive benefits for 6 months with $1,600 income per month.

My employer refuses to let me work after seeing my condition for weeks and stated that he cannot assume the liability if I injure myself driving (which my job requires daily).

My doctor said that she cannot state that I am disabled but she will NOT sign a release stating that I can work either. No diagnosis has been made even though I have ''chronic equilibrium problems'' which is stated in my medical files. I have been seeing her since 1999 for the same problem. I have had an MRI, seen a neurologist and everything she has asked me to do. My left ear has a huge perforation in the eardrum which surgery has failed to correct.

My employer has requested a signed ''release to work'' letter from her. No cooperation from her as yet. What actions can I take to collect what is rightfully mine? I have no other income at this point and I am highly distressed over this.

Thank you very much for your time and cooperation.


Asked on 4/29/01, 11:49 pm

1 Answer from Attorneys
Richard Teitell Richard K. Teitell, Esquire, P.C.

Re: What action can I take to collect my disability insurance benefits

I am not certain why the insurance company is denying your claim, but I assume that you need a doctor's report. You stated you have seen one or more medical specialists. Contact one of the specialists to determine if he/she will provide a report stating that you are disabled, and the period of your past and future disability. If your family doctor is not helpful, your only other option is to seek treatment with another doctor who will be more helpful.

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Answered on 6/18/01, 9:24 pm


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