Victory! Transgender Woman Wins Disability Leave Coverage for Facial Feminization Surgery
http://transgenderlegal.org/headline_show.php?id=369November 16 - We are thrilled to announce that we have resolved a claim on behalf of Lina Kok, a 47-year-old transgender woman in North Carolina who had been denied short-term disability leave benefits for reconstructive facial feminization surgery. Lina underwent the surgery in November 2010 as part of her transition from male to female. Her insurance company denied her claim on the grounds that her surgery was undertaken for cosmetic reasons, and therefore was not covered under the policy. After two failed appeals, her claim was approved after TLDEF argued that her reconstructive surgery was medically necessary and covered under the policy.
"Transgender-related health care is medically necessary care, and it should be treated that way in all respects," said TLDEF staff attorney Noah Lewis. "No one should be denied benefits based on the incorrect view that transgender-related health care is optional or cosmetic. Transgender employees simply want the same benefits as any other employee," he added.
