Long term disability benefits should give you the financial security to focus on your health and recovery when you can’t work due to a serious medical condition. Unfortunately many people in Amherstburg find that getting these benefits is harder and more frustrating than it should be. We at Longo Lawyers often represent people who have had their disability claims denied or their payments stopped. This leaves them in a tough financial situation during an already stressful time.
Long term disability insurance is supposed to pay you some of your income if you can’t work due to an illness or injury. Most people get this coverage through their job but some people buy their own policy. Depending on the terms of your policy and whether your condition is temporary or permanent the insurance will usually pay you 60 to 70% of your pre-disability income. It can last for months, years or even until you retire. Brain Injuries require careful legal and medical attention to support recovery, long-term care, and quality of life.
You should feel safe with this insurance but the truth is many valid claims are denied or ended. There are many reasons why insurance companies deny disability claims and not all of them are fair or reasonable. They can say that your medical records don’t show that you are disabled enough to meet the policy’s definition. They can say that your health issues are real but they can also say that you can still do some kind of work even if you can’t do your own job. They will ask for independent medical exams from doctors they choose and these doctors often give opinions that go against what your treating doctors say and support the insurance company’s position. Some insurance companies will approve a claim at first but then deny it later, sometimes using surveillance footage or saying that your health has improved while your own medical team says otherwise.
The main problem is that insurance companies are businesses that care about making money and there is a natural conflict between their duty to policyholders and their financial interests. This is unfair because disabled people without legal representation often have a hard time getting the fair treatment and benefits they have paid for.
At Longo Lawyers we help people understand their rights under their disability policies and build strong arguments to fight unfair denials. Every case starts with a review of the insurance policy. The exact wording is very important because different policies have very different definitions of disability, exclusions, limitations and other clauses that affect your right to payments. To build a strong case you need to know exactly what your policy says and what you need to prove.
Every disability claim is based on medical proof. Your doctors need to keep complete records of your diagnosis, symptoms, treatment history, functional limitations and prognosis. Insurance companies scrutinize medical records and often deny claims because they think the documentation isn’t good enough. We help our clients make sure their doctors write clear and detailed reports explaining why they can’t work and how their illness matches the policy’s definition of disability. Boating and Watercraft Accidents cases focus on protecting the rights of those harmed on lakes, rivers, or coastal waters.
Policies that change their definition of disability over time are a common problem. At first many policies use an “own occupation” criteria which means you’re disabled if you can’t do your job. After a certain amount of time, usually two years, they switch to an “any occupation” criteria. This means you have to show you can’t do any work that is fairly suitable to your education, training and experience. During this time of transition many people lose their benefits even if their health hasn’t improved.
In cases of disability time is of the essence. If your claim is denied in Amherstburg or anywhere else in Ontario you have a limited time to appeal or take legal action. If you miss these deadlines you may lose your benefits or have them severely limited. Contacting a lawyer who knows how to handle disability claims soon after a denial protects your legal rights.
Many people who have lost their jobs are worried about the cost of hiring a lawyer. We work on long-term disability cases on a contingency fee basis. This means you don’t pay us any legal fees unless we get your benefits. We take a percentage of the benefits we obtain back which removes the financial barrier that keeps many people from getting the legal help they need.
If you want to fight a disability denial you may have to talk to the insurance company, file an internal appeal or even sue. The best way to go about it depends on your situation. Some cases can be settled through negotiation but others need to go to court and maybe even trial. Whatever your case needs we will fight for your rights and get you the money you are owed under your policy.
You don’t have to go it alone if your long-term disability claim has been denied or ended in Amherstburg. There are legal ways to fight unfair decisions. We can help you through this process and fight for the benefits you need and deserve.