Legal Question in Disability Law in Florida

Short term denial by gates mc donald leave admn for cingular wireless

I have been on STD twice before both

approved under the same condition

and by the same doctor, my Dr. sent

me on a new STD recently because of

my depression, insomnia and

migraines were not getting any

better, it was denied by claiming

''insufficient objective medical

evidence'' even after confirming Dr's

statement,office notes and abnormal

results tests (MRI-CTSCAN) were

received. Im still on treatment for it

and diagnosed with a possible tumor,

do I have a case? Thank you


Asked on 9/12/08, 7:29 pm

1 Answer from Attorneys
Michael Tobin Michael M. Tobin, P.A.

Re: Short term denial by gates mc donald leave admn for cingular wireless

You must follow the instructions in the "denial letter" by proceeding with an administrative appeal.Read your policy carefully. First you should request by certified return receipt mail a complete copy of your claim file. They must give you a copy at no cost within 30 days. Then you can see the basis for the statement of insufficient medical evidence. Your treating physician should be given a copy of the company letter to answer their denial explaining the abnormal test results. If there is evidence of an organic tumor your disability may be significantly long term. Be careful as depression and insomnia are limited by the mental/nervous 24 months exclusion whereas migraines and tumor may qualify you for STD and LTD. You might also contact Social Security and making a SSDI claim.

Your treating physician is your best resource at this point.

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Answered on 9/13/08, 9:04 am


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