Question
At his second job interview with NDC, Ferris asked about its employee benefit package. He has had cystic fibrosis since he was nine years of
At his second job interview with NDC, Ferris asked about its employee benefit package. He has had cystic fibrosis since he was nine years of age, and the eligibility requirements and level of benefits in an employer's benefits package were important to him. The NDC representative provided him with a benefits booklet which referenced "proof of good health." When he asked what that involved, the interviewer told him that this phrase related to the three-month waiting period before the plan took effect. Relying on this statement, Ferris accepted the job. About a year later, his health deteriorated due to his condition, and he applied for long-term disability (LTD) benefits. However, instead of the $4,669 per month benefit he expected, his application was approved at the rate of $1,000 per month. This gap resulted from Ferris's failure to fill out a health questionnaire when he initially enrolled in the benefits plan, as required by the plan, because the employer's representative had never advised him about this requirement. (The employer representative was apparently unaware of it.)
Does Ferris have any possible legal claim against NDC? If so, what is it and would it likely be successful?
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