Chronic Fatigue Syndrome, or CFS, is a long term illness that affects your ability to function with a constant feeling of being tired, pain, digestive problems, and problems focusing. (This condition is also known as systemic exertion intolerance disease - SEID - or myalgic encephalomyelitis - ME. Sometimes it's abbreviated as ME/CFS.) Not being able to work because of your CFS may mean you need to apply for long term disability (LTD).
We have compiled some specific questions you may have related to your CFS and disability claim.
My Chronic Fatigue Syndrome is really terrible right now. My doctor told me to take some time off, but my employer disagrees and told the case manager at our group insurance company that I seemed fine. The case manager stated that there is no evidence of a disability and denied my claim. I would like to file an appeal. What can I do to strengthen my case?
It is very important to have strong support from your treating physicians; however, many are too busy or don’t understand the claims process. So, if your claim has been denied and both you and your doctors feel that you are not capable of returning to work, you should consult a lawyer well-versed in disability insurance law.
Because of all the symptoms of my CFS, I have been to several specialists and doctors. For my disability policy, what does, "regular and continuous care of a physician" mean?
Most disability policies contain a provision requiring claimants to be under the continuous care of a physician. It may also require the claimant to be participating in reasonable treatment. We see many cases where benefits are terminated due to an alleged failure of the claimant to be under the regular care of a physician. This then results in a failure to obtain appropriate treatment for their disabling medical condition. In order to avoid being faced with this problem, all efforts should be made to ensure that you are receiving and following the treatment plan that is being prescribed for you.
If access to medical care prevents you from complying with this requirement, all efforts to obtain appropriate medical treatment and the reasons it cannot be obtained should be documented if at all possible. Otherwise, it will be much more difficult for an insurer to rely on this type of defence to a valid disability claim.
I am not surprised that I have been refused my disability claim. My employer has always been difficult, and not understanding at all about me having to take time off because of my CFS. Can my employer influence my insurance company to deny my disability claim?
Unless your employer is self-insured, they have nothing to do with the insurance company's decision to refuse the disability benefits. The insurance company alone makes the decisions regarding acceptance, non-acceptance, or termination of benefits.
The one question you might have when your claim is denied is, “Do I have to do this alone?” Share Lawyers is here to tell you that you are not alone when it comes to fighting for your long-term disability. We have the experience and knowledge to get you the settlement your deserve.
Has your long-term disability claim been denied?Contact Share Lawyers and put our experience to work for you. We offer free consultations and there are no fees unless we win your case. Find out if you have a disability case.
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Denied your long term disability claim?
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A note from our long term disability lawyers
Taking a medical leave from work is not an easy decision to make. Concerns about providing for yourself and your family and keeping your job may cause you to want to push through your pain, but this won’t make your problems go away. Stopping work is often the smartest decision for your long term health and well-being, and your disability benefits are there to provide you with financial support until you can return to work.
If you have made the tough decision to stop working and apply for your short term disability or long term disability benefits, you may feel overwhelmed by the process and have questions that your employer and your insurance company are not able or willing to answer. Share is There to see you through and answer your questions.
Our Disability law firm knows what you have been going through
We understand that things have not been easy for you over the last little while. Your health has been suffering, you are unable to work, and now your insurance company, who was supposed to be there in your time of need, has decided they will not pay your disability benefits or respect your disability claim. These benefits exist to provide you with the financial support you need so that you can focus on your health and rebuilding your life. It is unfortunate that your insurance company has not lived up to its promise. If your disability claim has been denied, we will fight to get you the benefits you are entitled to. Our disability lawyers have helped thousands of Canadians get their long term disability benefits over the past 35 years, and we can help you too.
Our experienced disability lawyers can fight back on your behalf
Share Lawyers believes that every client who is dealing with a disability claim deserves superior personal service. To achieve that goal, we have developed our team of experienced, compassionate, and caring long term disability lawyers, law clerks, and administrative staff to meet all of your needs. Our team of experienced long term disability, life insurance, employment, and critical illness insurance lawyers have made successful claims against many insurance companies, third-party administrators and employers.
If you are unable to work, your disability benefits should be there to provide you with the financial support you need. While your insurance company may be focused on finding ways to avoid paying your claim, our focus is on what is in your best interest. When Share Lawyers gets involved, you have an entire team of lawyers that are there to support you and to fight for what is yours.
Our disability claim lawyers fight for your disability insurance claim by relying on our many years of experience to apply the best strategic planning and approach in each case, using the latest technology available. Experience matters, and with Share Lawyers, you are in the best hands with 35 years of success on your side.
In this video, we explain the role of a long term disability lawyer and how we can support you when you have been denied your long term disability benefits.