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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111450
Experience:  20+ Years of Employment Law Experience
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I have mental illness(bipolar). I have never told any

Customer Question

Hi,
I have mental illness(bipolar). I have never told any employer or received disability. I am labelled a High Functioning Class 1 . I Have done very well = BS degree, Project Mgmt Professional degree. I make 5 figures doing global clinical trials.
Have been with this company 4 years when I developed sudden onset severe migraines at age 48. 5 jan 2015. With headaches comes confusion and memory problems - supported by neurologist. Headaches got too frequent and work asked me to to take Leave (Short term disability) and get the headaches under control. Now - issues - How can the Long term disability (LTD) plan I paid for each payday legally have clauses were the mentally ill - will received reduced benefits for only 2 years if they can receive any benefits at all and other differences for mental illness?? I won 2 company ACE awards last year and now I am second class when I need it. Is it LEGAL after Obama care for policies other than health plan to discriminate against mentally ill?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
There are many people who have similar disabilities who can function without anyone ever knowing. Migraine headaches are not a mental illness.
Many insurance policies have caps on treatment for psychological disorders and many LTD policy will have a 18-36 month cap on payment for LTD for psychological disorders causing a person to miss work. Insurance is a matter of contract and as such if that is what a person's particular policy states, then that is what they are legally bound to.
However, in your case, if you are getting these migraine headaches, that is not a mental health issue, even though you may have had a mental health issue that is under control through treatment. You need to circumvent this cap by your doctors stating this is not caused by any mental health issues, it is a medical issue.