Short Term Disabililty Denial

[strickab]

My question involves labor and employment law for the state of: South Carolina

Hello. I recently applied for Short Term Disability at my job. I was denied because I have Type 1 diabetes and on Insulin. I contacted the company and asked what I could do to get approved. They said they would take it to their underwriting team. I have offered to get my endocrinologist to send a letter stating that I was healthy with no major complications from diabetes. The letter has not been sent yet, but my MD is working on it and will send in the next couple of days.
I recently received a call from the local representative for this company saying that: I would be denied due to my diabetes and that it would be discriminating against the underwriters to approve my application. The local rep said I should be getting something in the mail/email stating this; I'm still waiting on formal documentation that I was denied.

I feel I am being discriminated against because I have type 1 diabetes that is controlled. I have been willing to work with the company and provide documentation of my health.

What rights do I have and can the short term disability company deny me simply because I have type 1 diabetes and on insulin?
Thank you

[Foster_Foster]

Your post is a bit garbled, because it takes a while to figure out you're not talking about someone declaring that you aren't really sick and cannot work (short-term disability is for pay continuation when you cannot work) but that you're referring to whatever criteria the employer's insurance company has for coverage under the plan the employer bought (which can come with or without an exclusion for pre-existing conditions).

"I feel I am being discriminated against because I have type 1 diabetes that is controlled."

But if the employer chose to buy an STD policy that excludes folks with pre-existing conditions, it is what it is. This isn't a health insurance policy you're talking about.

[cbg]

Unless there is a clause in your employer's policy that provides guaranteed issue, absolutely an insurance company can deny you coverage on an STD policy because of a pre-existing condition. As Foster points out, the law limits (or will shortly limit) pre-existing clauses on health insurance but it never has done so for STD policies. It is by no means uncommon for an employer sponsored group policy to have a short period of guaranteed issue, after which you need to go through medical underwriting and CAN be denied.

You have the right to look for coverage with another carrier if your employer's carrier has denied you. You MAY have the right to appeal the decision but you will have to look to the specific policy for the process.

[Betty3]

It is by no means uncommon for an employer sponsored group policy to have a short period of guaranteed issue, after which you need to go through medical underwriting and CAN be denied.

I used to underwrite STD group policies on individuals when they missed the guaranteed issue time limit. We either approved or declined - no rating/exclusion rider put on the group individual's STD coverage we did underwriting on. We would have declined a person with Type 1 diabetes & on insulin for group STD coverage.