If you can’t work because of a major illness or accident, the last thing you should have to worry about is arguing with your insurance company about your long term disability claim. Sadly that’s what a lot of people in Kitchener are going through right now. We help people at Longo Lawyers who have had their disability claims denied while they are trying to deal with their health issues and make ends meet without their regular income.
If you can’t work because of a medical condition, long term disability insurance is supposed to protect your money. Most people get this kind of coverage as part of their full benefits package at work. The insurance pays you 60 to 70% of your regular salary and should keep paying until you get better, reach a certain age or in some cases for the rest of your life depending on your policy and how long your impairment lasts. Brain Injuries require careful legal and medical attention to support recovery, long-term care, and quality of life.
The purpose of this insurance is obvious, but a lot of people have a hard time getting benefits. There are many reasons why insurance companies deny claims and it’s tough to deal with a disability and go through the denial process at the same time. They can say your medical records don’t prove you meet the policy’s definition of being disabled. They can argue you can do some other kind of work that’s available in the economy, even if you can’t do your current job. They can send you to see doctors who always find people who can work, no matter what your own doctors have said about your treatment over months or years.
Some insurance companies will approve claims at first and then stop paying benefits later, usually around the 2 year mark when many policies change from an “own occupation” definition of disability to an “any occupation” definition. This change makes it harder to get benefits since you have to prove you can’t work in any job that makes sense for your background, not just the one you had previously. This gives the insurance company an opportunity to look at the claim again. They often say the person who filed the claim can work, even if that job doesn’t exist or wouldn’t hire someone with your limitations.
We know it’s too much for you to deal with a debilitating illness and fight an insurance company at the same time. To look out for their own interests and keep payments to a minimum, these companies use adjusters, lawyers and medical specialists. It will be very tough for you to win if you fight them on your own, especially if you already have health and financial concerns. Boating and Watercraft Accidents cases focus on protecting the rights of those harmed on lakes, rivers, or coastal waters.
We start by reviewing your policy very carefully. The specific words in your policy are very important because they tell you what benefits you can get, how disability is defined, what exclusions may apply and what the insurance company has to prove to deny your claim. We can make a plan that works for your specific situation and policy if we know these details.
You need medical proof to back up any disability claim. Your doctors need to write down everything about your diagnosis, symptoms, treatment, functional limitations and how your condition prevents you from working. Insurance companies scrutinize medical records and will cite any gaps or inconsistencies as reasons to deny a claim. We help our clients make sure their doctors write full and detailed reports that show how bad their health is and how it affects their ability to work.
In cases of impairment, timing is of the essence. In Kitchener or anywhere else in Ontario, there are deadlines to appeal a denial or take legal action. These deadlines are different if you have a group policy through work or an individual policy. You may not be able to get benefits if you miss them. If you get a denial, you should see a lawyer who knows a lot about disability cases very quickly. This will protect your rights and options. A lot of people are worried about how much it will cost to hire a lawyer after they have already lost their job. We only charge you legal fees if we win your long term disability case and get you benefits. A lot of disabled people may get the legal aid they need without having to worry about how much it will cost because our fee is a percentage of what we get back.
The steps to appeal a denial vary depending on your situation. Talking to the insurance company may settle some cases. Some people need to go to court or submit an internal appeal. We will fight for the benefits you deserve and help you get through this tough time, no matter what your situation requires. Denied long term disability in Kitchener? You have choices. You don’t have to agree.