Can I re-apply for long term disability for a new condition, due to surgery?

by Ann
(Colorado Springs, CO)

I was diagnosed with colon cancer. I was denied long term disability insurance after my short term insurance ran out. They stated it was a pre-existing condition, even though it had not been diagnosed. I am now cancer free as the result of surgery.

I had an ileostomy that has now been reversed, but the problems from the surgery keep me from returning to work. I was just approved for Social Security Disability Insurance (SSDI), because my condition related to the cancer surgery is so severe. This is a new condition as far as SSDI is concerned.

Can I re-apply for long term disability, since this is technically a new condition that came about because of the surgery? Or, will they again say it's related to my original claim for the cancer, and just deny it again? Is there anything I can do to help the new claim get approved? Thanks for any tips.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Can I re-apply for long term disability for a new condition, due to surgery?":

Ann (Colorado Springs, CO):

You have every right to reapply for long-term disability benefits. Moreover, in the event your claim is denied, you have the right to appeal the decision. With an appeal, you will be able to attend an administrative hearing and present evidence supporting your request for long term disability.

It is difficult to predict how the Social Security Administration (SSA) will rule in your claim. When reviewing disability claims, the SSA takes into account all medical factors directly related to the applicant's disability.

The are many experienced attorneys who limit their law practices to SSA disability matters. Most do not charge for an initial office consultation. Bring along copies of all your medical bills, as well as any documentation you have from the SSA. Disability attorneys aren't paid until, and unless, they win their clients' claims.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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