Visitor Question

Can a disability insurance company ask for information they don’t need?

Submitted By: Sandy (Roper, NC USA)

I recently was out of work for over 30 days and filed a claim with my disability insurance. Their form had where my doctor signed and stated when my illness began and that I last had it over 2 years ago. I also sent them three months of doctor’s notes which they asked for.

This is a new insurance company. Coverage began October 1 and my illness began on the 10th. They are now asking me to provide my blue cross blue shield information, pharmacy information, doctor information and hospital information for the time period between July 1 and October 1. I think it is not their business to know the medication I am on or if I went to the hospital during that time what it was for.

Does a disability insurance company have the right to ask that information? Do they have the right to deny my claim if I don’t provide this information to them? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Sandy,

The insurance company is trying to discern whether or not your present illness is a result of a pre-existing condition, or whether it is one which should be covered exclusively.

While you are under no legal obligation to provide your prior medical records to the new insurance company, if you refuse to, the insurance company can decide not to cover your present disability illness.

The insurance company has a right to know all that is reasonable about your illness, including, but not limited to, its root cause, its effects, duration, and type of treatment required.

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

Best of luck,

Published: January 13, 2015

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