Ask A Lawyer: Crohn’s and Colitis

Crohn’s and ulcerative colitis can present in different symptoms depending on the individual. Usually those affected are diagnosed between the ages of 15-30, but flare ups and variance in symptoms are very common. When your Crohn’s disease and colitis are making it too difficult to work, and you are applying for short or long term benefits so you can take the time to focus and be well, it can be challenging when you face a denied claim from your insurance provider.

Crohn's And Colitis Questions And Answers

Share Lawyers is here with some answers when it comes to some questions you might have when dealing with your insurance provider when it comes to handling your Crohn’s or colitis related claim.

I’m working with my GP and a naturopath to approach my care and manage my symptoms of Crohn’s disease. I spend more time with the naturopath with appointments every week. Can a naturopath complete my short-term or long-term disability claim forms?

While there is no reason why a naturopathic physician cannot complete the attending physician’s statement required for completion of a short or long-term disability claim, it may not be accepted by the insurance company and may result in them requesting that it be completed by a family doctor, psychiatrist or specialist.

I’m worried that after going back to work after receiving long term benefits after feeling my symptoms from ulcerative colitis have subsided that I may experience a flare up and still not be able to work.

What is a recurrent disability provision? And how can it help if I am unable to go back full time?

When an employee on long-term disability insurance benefits tries to return to work but fails due to the same or a related disability, they may go back on-claim without having to satisfy another waiting or "elimination" period. This is called the recurrent disability provision, and its purpose is to protect employees who wish to return to work on a trial basis without having to worry about losing their benefits.

Recurrent disability provisions have time limits, and these time limits vary from policy to policy. If the disability recurs after the time limit, the claimant must file a new claim and will once again be subject to a waiting period.

My insurance company has dismissed my claim for long-term disability benefits because they believe that my Crohn’s disease is manageable because I working for 10 years before my symptoms became so bad I had to stop working . How can I prove to them that the symptoms prevent me from doing my job?

Although the recurrent disability provision is designed to have benefits start immediately in the event of a disability relapse, it is not uncommon for insurance companies to refuse to restart benefits, even if a claimant is well within the recurrent disability time limit.

They often argue that if the claimant was able to return to work temporarily, they are not totally disabled. They may also argue that the recurrent disability is related to the previous condition. In summary, although the recurrent disability provision is meant to safeguard claimants' benefits; insurance companies, in their signature underhanded style, may use the temporary return-to-work as an excuse to terminate benefits.

Have more questions? Check out the Ask A Lawyer feature at the Share Lawyers website.

This searchable database contains information about disability, critical illness and life insurance claims, and what you can do if you are denied or cut off of your benefits. It is a collection of the most common questions we receive from our clients. General answers have been provided by our lawyers.

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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.

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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.

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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.