I am very weak and tired from chemo and do not feel that I can return to work. I have private disability insurance, can I file a claim and will they pay?

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Expert Answers

PatientAdvocateFoundation (Organization (Verified) ) - 07 / 12 / 2011

Without specific information on your current health condition, treatment protocol and review of your disability plan, I am not able to tell you if you would qualify for benefits. Each disability plan have their own contract language that dictates benefits offered, when they start and how long and when they continue. Additionally, often the medical support of your treating physician(s) is necessary to support a disability claim. If your treatment and/or side effects are affecting your ability to work, review your plan and discuss going on disability with your provider. File a claim and await a decision. If you do find yourself denied, review the reason why and file an appeal. Patient Advocate Foundation wrote a publication called Your Guide to the Appeal Process available athttp://www.patientadvocate.org/index.php?p=489.

Some areas I would request your review are:
1. Does the policy have a waiting period (period of time) before it will allow you to submit a claim?
2. Are there medical requirements you have to meet, i.e, cannot perform your job or ANY job; must be unable to work for at least 6,12 months etc.
3.Do you have/have you applied for disability through work? or if your disease is suspected to bypass a 12 month timeframe for recovery applied for Social Security Disability (www.ssa.gov)?

On a side note, if you are out of work now. Are you currently on medical leave? If your employer has over 50 employees and you have worked there for at least a year you may be eligible for Family Medical Leave Act, which protects your job up to 12 weeks. It’s important to discuss this with your employer to protect your job, and or apply for benefits that you may be entitled to. Some employers will also allow accommodations to work modified schedule or use their FMAA intermediately if working less hours is what you need as well.

I'd be happy to offer additional support if you are willing to share more information. Or you may contact us at 800-532-5274
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