Long term disability

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Long term disability

My company offers long term disability. I have been diabetic since I was 14 and am now 32. I started there at 18 and have always been denied for it because I am diabetic. I am a very healthy person and rarely sick. Is this not discrimination?

Asked on February 13, 2018 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, this is not illegal discrimination. Unlike health insurance, which (under the Affordable Care Act) must be offered to anyone regardless of pre-existing conditions, there is no law preventing insurers from taking an applicant's pre-existing conditions into account when deciding whether to sell them long-term disability insurance (or if they do sell them the insurance, what to charge them). There is no inherent right to buy long-term disability insurance (like there is no right to life insurance); an insurer may freely decide who to sell to, and who not.


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