Living with a disability is one of the most exhausting challenges a person can face, especially when your disability insurance claim is denied. On top of your health difficulties, medical treatments, and being unable to work, the insurance company that was supposed to be there for you has decided they will not pay your disability benefits. These insurance company decisions can often be frustrating, not to mention poorly explained. If your long term disability claim has been denied in Windsor, Share Lawyers will fight to get you the disability benefits you are entitled to.
Here are the 5 most common reasons insurance companies give for denying long term disability claims.
1. INSUFFICIENT MEDICAL INFORMATION
This is an extremely common reason given by insurers, and what they mean between the lines is that they don’t feel there is enough objective proof, medically, to justify you being on long term disability leave. Often times they will request detailed follow up medical information about your diagnosis, which complicates the process and leads to a denied claim. The truth is this decision is complicated, and should be made by doctors who understand your unique medical conditions, as opposed to insurance company middlemen.
2. YOU DO NOT MEET THE DEFINITION OF A DISABILITY
Effectively the insurance company is deciding that they do not believe your disability is serious enough, or is not considered a disability, and so they feel you can still work. These denied claims are quite common with “invisible” medical conditions, such as chronic pain, chronic fatigue, or mental illness. While this can sound like a final word on your disability claim, in reality it can be a subjective decision made by the insurer to override your doctors’ medical expertise. If a doctor is supporting your disability claim and leave, this can absolutely be challenged.
3. THE INSURANCE COMPANY, OR THEIR DOCTORS, BELIEVE YOU CAN WORK
The insurance company may employ doctors of their own, who review your claim and decide there is insufficient medical evidence - or come to a decision counter to your doctor’s diagnosis altogether. Often these insurance company doctors only spend a cursory amount of time reviewing your vital disability claim. While medical treatment and opinions can differ, it is crucial to speak to a doctor who knows you, knows your condition, and has your best interests in mind.
4. YOU HAVE A PRE-EXISTING MEDICAL CONDITION
This all too common response means that the insurance company isn’t even disputing that you are too disabled to work - merely, that they believe the medical condition preventing you from working came into effect before your disability benefits and insurance coverage began. A pre-existing policy exclusion only applies early in your coverage – typically in the first year. This is a highly technical situation where it is most critical to get a lawyer to have a proper and thorough review of your situation and prior medical treatments.
5. INSURANCE COMPANY SURVEILLANCE
Insurers will often monitor your social media posts, or hire private investigators to probe into your life and activities when you are seeking disability benefits. Often times, the information they present to impugn your credibility isn’t even objective proof that you’ve been “caught in a lie” – merely that they have jumped to conclusions without having the full context, and used that assumption to deny your LTD benefits claim.
While having a disability claim denied can be profoundly discouraging, you are not alone. At Share Lawyers, we can help you navigate this difficult time, and offer you the best possible disability support you deserve to receive the financial claims you are entitled to. Please contact us for a free consultation.
If you have had your claim for long term disability denied, contact the Windsor long term disability insurance lawyers at Share Lawyers. Our 35+ years of experience in long term disability (LTD) law can help you win your case against Canada Life, Desjardins, Manulife, RBC Insurance, Sun Life, and other insurance companies. We offer free consultations and there are no fees unless you win your case. Join us on Facebook and become a Top Fan for a chance to win each month.