Legal Question in Insurance Law in Texas

Re: Coverage

the answer to these questions are going to depend on several factors. first of all, the terms of disability benefit plans are contained within a contract. the terms are summarized in the plan description usually provided to the employee. if the plan(s)allow the benefits to be offset or denied based on the fact that the current disability has some attribution to a pre-existing condition then the plan will be allowed to do so. if the plan language is not so clear, many plans for large employers permit the administrator to exercise discretion in determining whether the the benefits should be paid. what rights you have to contest that determination depends on how the plan is structured.

if you have a human resources contact in your company, i would suggest that you sit down and discuss this with him/her and request a copy of the plan language that allows the company to be denying benefits for you. i hope this helps and please feel free to email for more information.

sincerely, bill featherston