I was diagnosed with Multiple Sclerosis 1 year ago and I had not opted to chose long term disability at that time. I changed my options in Oct'01 to be effective in Jan2002 and was denied because I already had M.S. I was told that as of Jan.2001 M.S. could no longer be concidered a pre-existing condition. Is that so? Did they have the right to turn me down?
1 Answer from Attorneys
Re: Multiple sclerosis
You may or may not have an ADA claim depending on what else your employer does. What you may also have is an ERISA claim depending on whether your companies plan is what is referred to as an Employee Welfare Benefit Plan. Beyond that any remedy you would seek (if ERISA does not apply) would be based on a breach of contract therory and those possible tort actions that might relate to the acts.