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

Submitted by nettsworldatl on Tue, 07/07/2009 - 20:46

statue of limitation for filing a ltd claim

Posted: 08 Jul 2009 12:35 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.

Posted: 08 Jul 2009 07:10 Post Subject:

Hello Nettsworldatl,

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

Which state are you from?

Posted: 08 Jul 2009 09:04 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-

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.

Steven

Posted: 08 Jul 2009 11:33 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?

Posted: 08 Jul 2009 01:02 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

Posted: 09 Jul 2009 11:11 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.

Posted: 09 Jul 2009 11:11 Post Subject:

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)..

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?

Posted: 09 Jul 2009 01:52 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.

Posted: 09 Jul 2009 09:20 Post Subject:

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.

Posted: 09 Jul 2009 11:39 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.

Posted: 10 Jul 2009 01:39 Post Subject:

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.

Posted: 10 Jul 2009 01:42 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.



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?

Posted: 10 Jul 2009 02:19 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.

Posted: 10 Jul 2009 02:46 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.

Posted: 10 Jul 2009 02:49 Post Subject:

oh i forgot one thing. do you have the info for the claim consultant . i would also like to contat one of them if need be to discuss my claim. please give me the contact info. thanks

Posted: 10 Jul 2009 10:59 Post Subject:

There are none of these claims consultants in my area, (I personally have no idea what that is) that's why I suggested an attorney on a contingency basis. And yes, I would think it would work the same as the attorney on your SSDI. That was the premise I was under.

If your policy shows the offset in your example, and the claim were paid, then they would owe you 300 per month.

Posted: 11 Jul 2009 01:55 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.



I apologize for what I'm about to do. It's not nice of me to send someone to a different board, but the expertise isn't here to help this poster. If your LTD is $1800 and SSDI is $1500, your LTD integrates so you will only collect $300. If SSDI stopped paying you, your LTD would pay $1800. http://www.disabilityinsuranceforums.com/index.cfm?NoCookies=Yes

Posted: 11 Jul 2009 11:08 Post Subject:

I apologize for what I'm about to do.

No apology is in order, I agree, if we don't have the knowledge, and know where the OP can get it, it's our duty to refer them.
------------------------
but in this case, looks like the OP already has, :wink:

(OP from that board on same date it was posted here)

nettboobooJunior Member Tuesday, July 07, 2009 4:29 PM
i stopped workiing in oct. 06. filed a claim for std in dec of 06. my doctor failed to return forms they requested of him to process my claim even after several request by unum and myself. as my health declined further i didnt have the energy to stay on top of it at that time.i have since obtained my ssdi. i am wondering if any one had this problem with doctor? and if anything can be done.i also had a ltd policy so i need to know at this point am i within the time frame to file for the ltd or go back where i started with the std claim and have it reopened. does anyone know what the statue of limitations is for such? i live in georgia and thats were my employer was , that i got the policy with, as i believe it may vary with state. any insight greatly appreciated.

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