When a person suffers from ongoing pain due to a physical condition or injury, the emotional effects can be just as significant as the physical ones. In addition to the chronic discomfort and the physical limitations these conditions can cause, people will often also suffer from psychological effects such as fatigue, anxiety and/or depression, which only serves to compound the original condition.
Individuals experiencing ongoing pain due to a diagnosed condition, accident, injury or an undiagnosed condition will be required to satisfy their insurance provider that they have what is referred to as a ‘total disability’ in order to successfully claim long-term disability benefits.
Despite the fact that a person is experiencing very real and debilitating physical pain, the cause may not always be easily attributed. Fibromyalgia, for example, is diagnosed when a person experiences chronic and widespread pain with no identifiable physical source. These so-called “invisible” ailments are some of the most frequently denied or terminated claims by insurance companies. The lack of a clear-cut source or basis for the pain means that a claimant will have a more difficult time satisfying an insurer’s request for sufficient medical evidence. 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 devoted our careers to defending clients in long-term disability disputes, both as defence counsel and as in-house counsel for insurance providers. We have decades of experience litigating and negotiating LTD claims, representing both sides in an LTD dispute. We understand the inner workings of the decision-making process at Canada’s major insurance companies, and as a result, we know how best to approach the denial or termination of a claim on behalf of our clients. We have a unique insight into how the insurance companies work, and the reasons behind the decision-making process at a variety of providers with respect to both group and individual policies. We understand their strategies and how to overcome their reasons for denying a claim. LTD claim disputes can be complicated. For someone unfamiliar with the process, disputing a claim denial can be exhausting and overwhelming and dealing with insurance companies can be challenging and outright frustrating. Our clients’ time is much better spent focusing on their health and well-being. We will passionately advocate for clients disabled by various conditions and work tirelessly to make the suffering of these so-called “invisible” conditions plain and obvious to the insurance companies we deal with.
When you are suffering from chronic pain of any kind, getting through the day can be challenging enough and undertaking 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 provide clients suffering from pain conditions with personalized legal representation, offering accommodations to address the financial, physical, emotional and cognitive difficulties that come with a chronic pain condition. Whether it be arranging in-person meetings, scheduling calls for times when our clients are most cognitively functional, attending for home visits when necessary and if possible, and encouraging questions and ongoing communication, we want to ensure our clients have the best chance for success even when they may be facing limitations. We will also schedule preparatory meetings for processes such as Examination for Discovery and Mediation without a time limit to ensure that our clients do not feel rushed and have a full understanding of what to expect. We regularly employ technology to lessen our client’s administrative tasks in litigation through the use of virtual signatures, video conferencing and email. We will do everything in our power to eliminate unnecessary stress for our clients.
Many clients come to us not knowing the cause of their disabling symptoms. Some have seen numerous specialists and have undergone various tests and investigations. Others are still early in their medical care and are waiting to see specialists to determine the potential cause of their symptoms. This can be a frustrating and emotionally difficult time for clients, particularly if their disability benefits have been denied.
We spend time with clients discussing the types of medical assessments and referrals which would be most helpful in litigation. We also explain the approach we will take in litigation, assuming that a diagnosis might still be pending at the time the parties are in negotiations to resolve the claim. Finally, we spend time reviewing the definition of “total disability” in the client’s insurance policy to ensure that the client understands that the litigation will focus on functionality and a specific diagnosis is not normally required to be successful in the claim.
Our lawyers have the know-how, the determination and the skills to resolve any type of long-term disability matter based on a pain condition, including:
If you are seeking the approval or continuation of a long-term disability claim arising from a pain condition, the experienced lawyers at MK Disability Lawyers can help. We will thoroughly review your circumstances with you and provide individualized advice on the best path forward. Throughout the process, we will advocate on your behalf with determination and skill 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.