Suffering from the effects of a medical condition that affects one’s ability to manage their day-to-day life or work effectively at their job is an extremely stressful scenario. There is a range of medical conditions that present with symptoms affecting everything from cognition to motor skills to pain and fatigue levels. When you find yourself experiencing symptoms that impact your ability to work, it’s important to establish a medical record of your attempts to deal with the condition as soon as possible in the event that you’ll need to submit a claim for long-term disability down the road. Canada’s insurance providers and the policies they provided contain strict guidelines with respect to the provision of sufficient medical information, attempts at seeking treatment as well as the timing of a claim, and the phrasing and various obligations can be complex to understand. When a claim is denied or terminated, the same applies to the appeal process and timing can be a key factor. For this reason, it is key that anyone whose long-term disability benefits are denied or terminated secure an experienced disability lawyer right away to provide guidance throughout the dispute process.
At MK Disability Lawyers we have dedicated our entire careers to long-term disability law. We have decades of experience litigating LTD claims on both sides of the table, representing both the insured and the insurer. As a result, we have unique insight into how the insurance companies work, and the reasons behind the decision-making process at large insurance companies. We understand their strategies and how best to overcome their arguments for denying a claim. Litigation of LTD claims can be complicated. For someone unfamiliar with the long-term disability process, disputing a claim denial can be exhausting and overwhelming and dealing with insurance companies can be challenging and outright frustrating. We are passionate advocates for clients disabled by medical conditions that prevent them from working and earning an income, and we work tirelessly to make the pain and suffering of these conditions plain and obvious to the insurance companies we deal with.
When you’re experiencing medical symptoms that cause severe discomfort and prevent you from working and earning an income, litigation is often the last thing you want to do. Our lawyers are extremely empathetic towards our clients, and we do everything we can to take the burden off of them to the degree that we can. We also use a variety of methods to accommodate our clients’ needs, whether due to geographical distance, an inability to leave the house, or language barriers. We regularly engage the use of technological tools to meet with clients remotely, even enabling them sign paperwork from their home instantaneously. These tools allow us to keep the momentum of a case moving, even if the client isn’t able to attend at one of our offices.
Despite the fact that medical ailments can generally be proven with relative certainty via diagnostic testing, insurance providers regularly deny claims based on these conditions. The reasons given generally come down to the amount of medical evidence submitted by the claimant, or the fact that the condition is not found to satisfy the definition of “total disability” under the policy.
As mentioned above, seeking medical help right away when experiencing symptoms that interfere with work is key. It will be important to provide your insurance provider with a medical record from your physician demonstrating the frequency, and severity of your symptoms. You will also want to show that you’ve been actively seeking assistance with the issue from the start and that you’ve made attempts to try all forms of treatment recommended by your doctor. Failure to do so may be viewed as a red flag by your provider which could contribute to a claim denial. The key is to ensure that all symptoms and treatments are carefully documented by any health professional involved in your care who is aware of your condition. Keeping your own records will not be considered an acceptable substitute for records kept by medical doctors.
Each long-term disability policy defines the concept of “total disability” differently. Total disability refers to the threshold a claimant is required to establish in order to receive benefits under their policy, and it can be a complex term to understand. There may be one definition for an initial period of time, after which the definition changes. Depending on where a claimant is in the claim process, the elements they are required to prove can shift drastically. At MK Disability Lawyers, one of the first steps we take is to conduct a review of a client’s policy and ensure that they understand the total disability threshold they are required to meet as part of their claim dispute. From there, we will review the various medical information needed in order to do so.
Our lawyers have the know-how, the determination and the skills to resolve any type of long-term disability matter based on a medical condition, including:
If you are facing the denial or termination of a long-term disability claim arising from a medical condition, the experienced lawyers at MK Disability Lawyers can help. We will thoroughly review your circumstances and your policy with you and provide personalized advice with respect to the best path forward. Throughout the process, we will passionately advocate on your behalf and will do whatever we can to lighten your burden in the process. To arrange a complimentary consultation with one of our experienced disability lawyers, please complete the online form, or call us at 844-697-4600.