does anyone know what the statue of limitation is to file a

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PostPosted: Tue Jul 07, 2009 8:46 pm   Post subject: does anyone know what the statue of limitation is to file a  

statue of limitation for filing a ltd claim

nettsworldatl
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PostPosted: Wed Jul 08, 2009 12:35 am   Post subject:   

Statue of Limitations vary from state to state. Best bet is to contact your State Division of Insurance. They can advise you immediately of the time limit.

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PostPosted: Wed Jul 08, 2009 7:10 am   Post subject:   

Hello Nettsworldatl,



Has your earlier claim got denied? If so, what was their reason of denial?



Which state are you from?

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PostPosted: Wed Jul 08, 2009 9:04 am   Post subject:   

Hi nettsworldatl..



You're in a professional forum, so you won't need to create another thread for the same query. Your post in the other thread is as follows-



Quote:
std closed in 06 can i reopen , as sometime has pass?




Apart from the name of your state you'd need to provide us with more information on why it was closed in '06. I guess it's 2 years with us in Iowa.



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PostPosted: Wed Jul 08, 2009 11:33 am   Post subject:   

Netts, it will of course depend on the state, but also what is the disability? Are we talking about an SS claim? or with a private long/short term disability carrier? When was the disability determined by the docs? Was the disability due to the negligence of another?



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PostPosted: Wed Jul 08, 2009 1:02 pm   Post subject: staue of limitation  

no the claim was not denied it was closed , because my doctor failed to return info to the insurance carrier.i live in georgia. steven i am aware of where i am the thread shows under AUTO, and i thought i did that in error so i tried to repost so it was under DISABILITY.lori some say it is state base some say not, i am confused.the disabilties include congestive heart failure, hypertension,fibro,depression and anxiety.private carrier, that was employer sponsored.determination date was 10/06.i have since won my ssdi claim. iwas wondering if i could go back and have the insurance carrier reopen the initial std claim i filed that was closed or if i could at this point file a ltd claim with them or if it would be too late for either, as sometime has passed. any insigt greatly appreciated

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PostPosted: Thu Jul 09, 2009 11:11 am   Post subject:   

Yes, you can file a claim. The fact that it's been so long, however, may cause the claim to get denied.



You are going to have a much more difficult time since this is a group policy instead of an individual policy.

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PostPosted: Thu Jul 09, 2009 11:11 am   Post subject:   

Quote:
10/06.i have since won my ssdi claim
This I would think is good news...(the date you were determined to be disabled and that you won ssdi)..
Quote:
iwas wondering if i could go back and have the insurance carrier reopen the initial std claim i filed that was closed or if i could at this point file a ltd claim with them or if it would be too late for either, as sometime has passed. any insigt greatly appreciated
If you were insured at the time of the disability (10-6), then if I were you I would most certainly go back and have that re-opened. This might take some time to try and get it done. Remember one thing, it's not denied until it's denied in writing. I would make sure they understand that as well. It most certainly doesn't hurt to try. Did you need an attorney to get your SSDI? If so have you asked about this private policy? When (date) did you leave your employer?


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PostPosted: Thu Jul 09, 2009 1:52 pm   Post subject:   

my hearing was june 18,2009, with a oral decesion given at hearing.the date of disability established by ssa is 10-16-06. i was insured a that time. my job did not terminate me until 11-13-06, when my doctor still did not release me to go back to work.they refuse to extend my leave further since i didnt qualify for fmla. i did have an attorney for the ssdi claim however they dont do ltd claims.i asked. i have also talked to some lawyers that do handle ltd but i have been told 3 diffrent things . one said 1yr, another said 2 yrs and the last said 3yrs and 90days is the deadline before it would be time barred. so this is why im so confused.

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PostPosted: Thu Jul 09, 2009 9:20 pm   Post subject:   

Quote:
so this is why im so confused.
I totally understand that. I think if I were in your position, assuming the attorney that told you the statute hasn't run would take your case on a contingency basis. I'd hire him or her, and let them give it shot.


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PostPosted: Thu Jul 09, 2009 11:39 pm   Post subject:   

i called the carrier just to ask some generic questions. just some what ifs, that kind of thing, but they would not budge. they gave no answers what so ever. they told me that they needeed me to give my information and i didnt want to do that.they record and all and i wouldnt want anthing to come back and bite me in the rear, or any of my rights to be compromised.

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PostPosted: Fri Jul 10, 2009 1:39 am   Post subject:   

Quote:
I totally understand that. I think if I were in your position, assuming the attorney that told you the statute hasn't run would take your case on a contingency basis. I'd hire him or her, and let them give it shot.




Are you sure that you would want it done on a contingency basis? That's a big chunk of a monthly payment from now until age 65. I've had clients who have needed help and we have hired professional claim consultants. Paying a couple of thousand of dollars is a heck of a lot better than paying $2,000/month for the next 30 years.
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PostPosted: Fri Jul 10, 2009 1:42 am   Post subject:   

Quote:
i called the carrier just to ask some generic questions. just some what ifs, that kind of thing, but they would not budge. they gave no answers what so ever. they told me that they needeed me to give my information and i didnt want to do that.they record and all and i wouldnt want anthing to come back and bite me in the rear, or any of my rights to be compromised.




It's tough to answer generic questions without knowing the specifics of the policy. What would the problem be with you divulging who you are? Do you currently work at the company?
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PostPosted: Fri Jul 10, 2009 2:19 am   Post subject:   

no i do not work for the company.however, i dont know where the claim really stand ..and if i can reopen it i dont want it jeopardized by something i may say without seeking legal help.

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PostPosted: Fri Jul 10, 2009 2:46 am   Post subject:   

i agree the consultant would be much cheaper. i had just called a few attorneys to see if it was even able to be reopen at this point.free consult. and i dont even understand how the contingency thing works on ltd insurance cases. please explain further. is it not like the contingency for ssdi attorneys 25-30 percent of backpay? do they get a percentage of your montly amount for as long as you get the ltd? also i know that the summary plan for the policy said something about amount being offset by your ssdi. how does that work. my ltd is suppose to be 60% of my monthly income so if 60 percent is 1800 dollars and my ssdi payment is estimated to be at about 1500 how does that work? your help is greatly appreciated please break this down for me as simple as possible so that i understand. im trying to get as much info as possible, so i make the best decision for me.

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