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Disability Insurance Claims

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Frequently Asked Questions about Personal Injury, Medical Malpractice, and Insurance Disputes

 


Q: CONFLICTING DOCTOR'S RECOMMENDATIONS: I have gotten several conflicting recommendations from my doctor: first that I am not a candidate for surgery and then that I should undergo extensive surgery.  I have filed for SSD and am getting LTD from insurance carrier. If I refuse surgery and go with the first diagnosis what will happen with SSD and LTD?

A: Generally speaking, a long-term disability insurance company cannot direct that you have extensive surgery.  However, there have been circumstances where a claimant refused to undergo relatively simple surgery which all of the doctors agree would have allowed the claimant to work.  We have seen courts deny long-term disability payments in that situation.  However, generally with the issue of extensive surgery and conflicting medical opinions you will not be penalized because you decide to not undergo the risk of surgery.


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