Can a company deny paying on a policy because I am over 60?

UPDATED: Sep 30, 2022

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Can a company deny paying on a policy because I am over 60?

I have worked for this company for 10
years. I have been diagnosed with a
terminal illness and the doctor gave me
a year to live. I applied for the
‘Acceralted Living Benefit’ so I can
plan my funeral and get things in
order. I was denied because I am over
60. I feel like I have been
discriminated against because of my
age. Should I get a lawyer to appeal?

Asked on June 16, 2017 under Employment Labor Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

This is most likely NOT discrimination, since  in regards to insurance policies and other benefits (like pensions, 401ks, etc. for example), it has long been accepted that these benefits may be age-based in terms of eligibility, premiums, how and when paid out, etc. The fact that your employer may provide or make available to you certain insurance or benefits does not your ineligiblity for them, under the usual rules governing said insurance or benefits, into illegal age discrimation; the laws governing the policy or benefit are what counts for ths purpose, not employment discrimination law.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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