Best Business Attorneys in Clay, NY

The Pre-Existing Condition Trap. Many insurance policies preclude or limit coverage for disability resulting from a “pre-existing condition.” This is typically defined as a medical disorder that was present and treated prior to the institution of coverage under the policy. If the disorder later progresses or otherwise results in disability, benefits can be permanently foreclosed regardless of how severely the ability to work is impacted. Most lay persons are not aware of this restriction. Uninformed claim submissions alleging disability due to complications or progression of an older medical disorder commonly result in unexpected denial of benefits. Such denials are generally difficult if not impossible to contest after the fact. There are important exceptions to the exclusionary rule. Many are technical and require competent legal analysis. That analysis should be undertaken before filing a claim. Advance planning and careful preparation of claim documents is critical in cases involving a pre- existing condition. It is not advisable for anyone in this situation to initiate a claim without first obtaining advice from an attorney who is familiar with the rules regarding pre-existing conditions and has experience handling such claims. The axiom “forewarned is forearmed” has special application here. The consequences of making an uninformed mistake can be devastating, but they are often preventable with capable legal assistance.