Larry,
Talked to several lawyers. Both about suing the doctor and suing the
insurance company.
Re: suing the doctor, lawyers said it wasn't really malpractice, (it is
to me), so they wouldn't
take it.
The EXPERIENCED lawyers wanted a lot of money up front. I did in fact
get one lawyer
to take the case against the LTD on contingency, but he had no
experience with ERISA law, and gave up.
ERISA = *Employee Retirement Income Security Act --- Very conplex law that
requires a specialist, and there aren't too many lawyers that understand it.
As far as me getting "screwed" as you so delicately put it, the company lost
an account worth hundreds of thousands of dollars because of what they did
to me. It would have been much smarter, and cheaper, for them to pay me.
You never know who has friends responsible for signing contracts with
insurance companies. ;-)
Kevin
*
Larry Throne wrote:
Kevin,
Did you ever talk with a Lawyer? It sounds as though you might have
had two cases here. One against the LTD company and another against
the Doctor. The problem is the time factor has most likely passed.
Sorry you got screwed my friend.
Larry in Rainy Oklahoma
------------------------------------------------------------------------
From: /Kevin Wolfthal <[EMAIL PROTECTED]>/
To: /Tmic-list@eskimo.com/
Subject: /Re: [TMIC] Working With a Disability in California -
Barbara, Everyone/
Date: /Sun, 27 May 2007 04:03:32 -0400/
Hi Barbara, All,
I also had LTD Disability until my highly paid neurologist made a
mistake on a medical
review form. He was about to move to a big new job and clearly
wasn't paying attention.
Among other things, he wrote that I could bend, get on all fours,
and sit for 8 hours. All
totally wrong, and just what the insurance company needed to stop
my payments. I got
the doctor to write a letter admitting that he was wrong, but of
course, the LTD company
said his letter wasn't 'credible' and I never got my LTD
reinstated. So all I have is SSDI,
which I am grateful for, and would be on the street without, but I
lost half of my monthly income.
Just a message to say what I'm sure you already know, make sure
you see every form
your doctors fill out before they go anywhere. Btw, the insurance
company was notorious
for denying and terminating legitimate claims, and has been sued
by many states.
Just my 1 & 1/2 cents. :)
Kevin
[EMAIL PROTECTED] wrote:
Hi Todd,
This would and could really mess up my LTD insurance from my
employer though. Everybody needs to know how their disability
insurance from their employer works if they are going to try
to return to work.
In my case, if I were to try to return to work, and worked for
a short time, then not be able to continue, I would lose my
LTD disability benefits. This is true even on a part-time
basis. If I were to ever try to get another job at a later
date and attempt to get LTD coverage again, I would then also
have a pre-existing condition. This is true even with the
same company. If I ever returned and left due to not being
able to work, my same company would never hire me back. But,
they'd sure love to get me off of their disability payment
role. I'm costing them too much money, and will continue
until I am capable of working full-time or reach age 65.
This has nothing to do with SSDI or SSI, however, it is very
important to know. Please review your documentation if you do
not already know the ins and outs of your plan.
Hugs, Barbara A
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