I need help fighting Kaiser in Colorado

I've been waiting 7 months for wls approval from Kaiser, Co. I was just told that because I have depression, they felt I was emotionally unstable and that they wanted to wait 6 months before they'll review me again for wls approval. I've had depression for most of my life and have been on anti-depressants for many years. I am absolutely not an unstable person. I'm also getting cognitive therapy to address my eating issues (healthy don't you think?), which is above and beyond what they required. I met all of the rest of their requirements; this is the only reason I was not approved. Isn't depression a co-morbidity? Kaiser said they don't recognize depression as a co-morbidity. If I went somewhere else for the surgery, can I sue Kaiser for reimbursement of costs since this is a covered benefit and they refused to cover it. I'm so frustrated I could scream then maybe cry! This has been such a long road, and they just keep putting road blocks up. Thanks for any advise you can give.

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