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Long-term disability nightmare
Apr 1, 2001

First, I want to say that you folks are angels. Giving advice to people who need open doors and hearts not stress. Thank you!

My problem is this, I have been poz for 9 yrs with no problems and no meds until this month. I had seen my specialist for once a year tests of cd4 and viral load.

I moved to Colorado for a new job in May and I picked up the insurance, short-term, and long term disability. I had them all in my last job. Here's the catch, the long term disability has a one year pre-existing (treatment)clause when I signed up. Now, I called the insurance company to explain the term "treatment", but they would not commit to an answer. Here's the kicker, this month I was diagnosed with aids, because my numbers had dropped dramatically in 7 months and I must start taking treatment and meds. I had tried to go a year with seeing anyone, but my health has deteriorated. What does the law say? Can they always find a loophole or am I just out of luck? I do not believe that HIPPAA covers this. I'm really scared and need this insurance

My company might know because I was honest on all the paperwork for insurance. I also work in the Human Resources dept.

I hope I have given you enough info because I'm trying to be brief.

God bless you,


Response from Mr. Berg

You really need to look over the disability contract carefully. Check the definitions section. Often the pre-exisiting exclusion has 2 parts. The first being the treatment clause. If there is a 2nd part you may be in luck. It usually states that any disability claim made after you have been actively at work and covered under the plan for a specified period of time (1-2 years) will not be considered pre-exisitng. It is so important to check out the provisions of a benefits package before accepting a new position. It really can be the deciding factor between offers. Unlike health insurance, there is no credit given for prior disability coverage. With a new employer, you are starting at square one.

Am I disabled?

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