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Hello my name isXXXXX am on short term disabilty for

Customer Question
a hysterectomy I had back...
Hello my name isXXXXX am on short term disabilty for a hysterectomy I had back in November of 2011. Jan. 1st I had to have surgery again because I tore and I had to go back out of work to be able to heal again. As of Jan. 31 the insurance company that was taking care of my short term shut me off, because in one of the last doctor's notes she did not state that I am disablitied till the 25th of March. In every thing else she has stated she has stated that I am. I have not been paid for the last 5 weeks or so, and I am on the verge of having finacal problems. Can you help
Submitted: 6 years ago.Category: Employment Law
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Answered in 21 minutes by:
3/5/2012
Employment Lawyer: Lawdoctor, Lawyer replied 6 years ago
Lawdoctor
Lawdoctor, Lawyer
Category: Employment Law
Satisfied Customers: 1,400
Experience: I have handled employment matters for global companies.
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Dear XXXXXdane143:



Thank you for allowing me to assist you with your question.



Your question is very important to me, but please remember that I can only respond to the information you provide and I do not know your entire situation. My response is limited to what you have written to me and the answer may change with additional facts.



Also, due to site reasons, there are times I am initially only able to see a portion of post, so I apologize in advance if it means that you have to duplicate information.



There may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. Now, let’s address your question!

 

In order to get any immediate action, your doctor will have to send in a correction letter stating that your current disability is ongoing and will not end before March 25th and that it has been constant since your surgery. The doctor needs to clarify in the letter that any misunderstanding on your condition was a typographical error or a miscommunication. The doctor can refer to your medical notes to back up the change in diagnosis.

 

If this does not work, then your next step is to have an attorney to send a demand letter threatening a law suit.
The problem is that this does not give you the immediate relief you need. In your case, your doctor is your fastest avenue to getting the insurance company to change its decision. Your human resources department can help as well by verifying that the documentation from the doctors is consistent with your doctors change. Having 2 surgeries in such a short time period should be enough to show that you have been unable to work during this period.

 

As I said, if they do not change their stand, then your next step it to find an experienced insurance attorney to handle the matter for you. You can also file a complaint with your State Insurance Department. Here is the link to file a complaint:

 

http://www.nh.gov/insurance/consumers/complaints.htm

 

This will take time as well, so this is why I recommended going to your doctor for help first.

 

 

I wish you the best.

 





Thank you again for trusting us with your problem. Good luck and Godspeed.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

If I don’t’ answer immediately, I may be off line. If so, I will answer as soon as I come back. If I am on line, I may be assisting someone else and will respond as soon as I can. Thank you for your understanding and patience.

If the information that I provided was helpful, then please remember to click the GREEN ACCEPT BUTTON so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Bonuses are gladly accepted. Thank you and good luck!

Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.



 

Lawdoctor
Lawdoctor, Lawyer
Category: Employment Law
Satisfied Customers: 1,400
Experience: I have handled employment matters for global companies.
Verified
Lawdoctor and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 6 years ago

Thank you very much, My doctor has sent in her letter, and I am seeing her again tomorrow. I think I will have to get a attorney to help with this now, because the insurance company is taking there sweet time on getting the money that is owed to me. My hr office and doctor's have done all they can from this point. Thank you for helping some what.

 

XXXXX XXXXX

Employment Lawyer: Lawdoctor, Lawyer replied 6 years ago

I am so sorry that this stress is added to your situation. If the doctor has already sent this in, then I would suggest you go to the link I provided and file a complaint with the Insurance commission. It may speed things along, but realize that it will take a week or so for the complaint to reach the company.

A lawyer can send out a demand letter immediately and you should be able to get the legal fees reimbursed if you win. The insurance company knows it has you in a tight spot and they will drag this out as long as possible to try to 'starve' you out. It is a typical ploy because they depend on you not being able to afford to get an attorney to help you.

I would also recommend that you contact your local Health and Human Services offices to see if you could qualify for temporary assistance. This is what the system is for. Here is the link

http://www.dhhs.nh.gov/

I wish you the best!

 


I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.



DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.



 

 

 

 

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