Denial of Long term disability Walmart/Liberty Mutual LTD
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Denial of Long term disability Walmart/Liberty Mutual LTD
My daughter has been sick for almost a year and off work. She has been seen at Mayo Clinic two times in the last few months for diagnosis of her symptoms. She is suffers from dizziness and balance problems that cause her to fall, is constantly nauseated from the dizziness that is 24/7. She also suffers from extreme bone pain constantly and has a blood disorder that leaves her weak and fatigued. When I take her to grocery shop she is fatigued, nauseated and feels even worse. She was evaluated by occupational medicine and has severe limitations. Her employer told her that they could not allow her to work with these restrictions. She clearly cannot work and has documentation from her medical provider in the papers that liberty mutual requested. She now has no income at all and we do not know what to do from here. The entire family has paid her utilities, insurance premiums and mortgage payments but can no longer do this because we have no more savings. We need help. This is a person who has worked since she was 18 years old and now is 48 years old. She has been employed with her employer for about 17 years now. How can we get the LTD that she deserves until she is able to work?
Asked on February 14, 2019 under Employment Labor Law, Kansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Long-term disability, like other insurance policies, is a contract. If she had (as we assume) a long-term disability policy through work, the insurer needs to pay her if the circucumstances of her condition and inability to work meet the terms of the policy. That's the key issue: what does the policy/contract say about this situation? Review the policy; if you believe they should be paying her but are refusing to, her recourse is to sue the insurer for "breach of contract" and prove in court (such as with testimony from her doctor[s]) that she is entitled to the disability benefits under the terms of the policy; if she can do that, the insurer will be forced to pay.
She should also consider applying for SSDI, if she has not already. Here is a link she may find helpful: https://www.ssa.gov/disability/
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