In this blog post, Share Lawyers answers questions from potential clients with unexplained chronic pain. Read on to learn more about particular issues surrounding unexplained pain and disability claims.
Q: My insurance company forced me to return to work even though I am disabled. I am struggling and cannot continue working because of chronic unexplained pain. Do I have to submit a new claim?
A: The question of whether a new claim must be submitted if you cannot continue working will usually depend on the “Recurrent Disability” provision in the policy, or the clause in the policy that deals with the impact an attempt at returning to work will have on future entitlement in the event that the return attempt fails. Most policies give a specific amount of time in which you do not need to re-apply for benefits. You should carefully review the policy terms in your specific case to see how this works in your particular circumstances.
Q: I underwent an independent medical exam (IME) at the request of my insurance company. Their doctor reported that I had no symptoms of chronic pain and was fit to work. It just so happens that on that particular day, I was feeling better than usual. Now my benefits have been cut off. I am unable to work because of unexplained chronic pain that my doctor can verify. Do I have any hope of overturning this decision?
A: Entitlement to disability benefits is not frozen in time, and if you were having a better than usual day on the day of an assessment, that doesn’t mean you have no chance trying to recover further benefits. If your own doctors support your ongoing inability to work and your condition generally waxes and wanes, ie., you have some good days and some bad days, this one-time snapshot of your health does not mean your case is over. The particular circumstances of your claim need to be thoroughly discussed with a disability lawyer to assess your chances of success.
Q: I experience chronic unexplained pain that makes it impossible for me to work. I am scared because my pain doesn’t have a specific reason. Will I be denied? How do insurance companies define "total disability?"
A: The general definition of total disability during the "own occupation period" is that you are unable to do the substantial duties of your own job because of illness or injury. When the definition of disability changes to “any occupation” the insurance company wants you to believe that it means if you are not able to do any job then you are eligible for benefits. We always argue that the “any occupation” wording of most policies means that if you continue to be totally disabled and cannot do an equivalent job, at the equivalent level of experience and the equivalent pay scale, then you are eligible for continuing benefits into the future. Don’t give up, we can help you to fight to get benefits into the future, beyond the own occupation period.
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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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.