The Beginning of the End for Mental Health Limitations?
The overwhelming majority of ERISA governed, employer provided disability insurance policies contain a 24 month limitation on benefits due to disabilities caused by a Mental Health condition. Although the language and extent of the limitations can vary depending on the insurance carrier there will almost always be some limitation written in your policy. Despite efforts by insureds and lawyers to challenge these limitations under the American with Disabilities Acts, Courts throughout the country have deemed them enforceable. However, a recent federal court opinion in Montana may have opened the door as to how to effectively challenge these limitations.
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