Can Long Term Disability Be Denied for Pre-Existing Conditions?

The increasing frequency of job transitions in the Canadian workforce exposes the real impact that pre-existing conditions have on disability claims. If you’re wondering how a pre-existing condition might influence your disability benefits, Share Lawyers is here to help.

Can long term disability be denied for pre-existing conditions? Share Lawyers’ experienced disability lawyers can help you understand your situation.

Book a free consultation

Can Long Term Disability Be Denied for Pre-Existing Conditions?

Unfortunately, it isn’t always straightforward whether or not long term disability claims can be denied for pre-existing conditions. Here are some details that are taken into account.

How Pre-Existing Conditions Impact LTD Claims

1. Eligibility Exclusions

Policies often exclude coverage of conditions that existed before the policy began.

2. Coverage Limitations

Companies scrutinize your medical history to determine if you have pre-existing conditions.

3. Exclusion Periods

Policies often have exclusion periods—typically within one year of coverage initiation—to limit disability claims.

4. Policy Specifics

Policies have exclusions and exceptions. Both of these undoubtedly favour the insurance corporation’s bottom line at the expense of their client’s health and well-being.

5. Career Shifts

When changing jobs, individuals may need to agree to pre-existing exclusion clauses in the new employer's group benefits, which can complicate disability claims if health issues arise during the initial exclusion period.

6. Employer Waivers

In some cases, employers may request waivers for pre-existing exclusions, but this often requires disclosing health issues during the job application process, potentially affecting job acquisition.

Defining Pre-Existing Conditions

Pre-existing conditions are intentionally defined broadly so that insurance corporations can leverage your policy to their advantage. They even go as far as to scrutinize your medical history and attendance records to determine if they can refuse coverage.

When a Pre-Existing Condition Matters

A pre-existing condition is typically only relevant if a long term disability claim is made within the exclusion period specified in the policy, usually within one year of coverage initiation. However, some policies may extend this period, underlining the importance of understanding the specifics of your policy.

Career Shifts Impact Pre-Existing Conditions

When you switch jobs, you must usually agree to the pre-existing exclusion clause in your new employer's group benefits. Sometimes, your employer can ask for a waiver for the pre-existing exclusion. But doing this means you have to talk about your health issues when applying for the job. However, this is private information that you may not want to share. Remember this when you're thinking about changing jobs.

If you have health problems or a long term illness but can still work, think about how changing jobs may impact your disability coverage, especially if you become unable to work during the initial exclusion period.

Share Lawyers Can Navigate Pre-Existing Condition Denials

Overall, the impact of pre-existing conditions on LTD claims is noteworthy. Navigating the nuances and their effects on LTD claims requires a thorough understanding of policy details, potential exclusions, and the implications of job transitions.

As such, it is highly advised to seek legal advice from professionals specializing in disability law, like the disability lawyers at Share Lawyers. We can provide the guidance and clarity you need to understand your situation and fight for your rights if your LTD claim is denied due to a pre-existing condition.

Share Lawyers Fight on Behalf of Canadian Workers

Pre-existing conditions can often seem like insurmountable hurdles. If you’re facing denial and wondering, “Can long term disability be denied for pre-existing conditions?” It's essential that you reach out to Share Lawyers as soon as possible.

Our experienced team of disability lawyers will carefully assess your case, provide clarity on your situation, gauge the chances of success, and work towards preventing the application of exclusion clauses that could deny you the benefits you rely on.

Our initial consultation is free, and you won’t owe us anything until your benefits are acquired.

Can long term disability be denied for pre-existing conditions? Share Lawyers’ experienced disability lawyers provide the guidance you need.

Contact Share Lawyers today and put our experience to work for you. Our 35+ years of experience can help you win your case against Canada Life, Desjardins, Manulife, RBC Insurance, Sun Life, and other insurance companies. Our legal team offers a free consultation and works on a contingency basis—there are no fees unless you win your case.

We’re here to support you during this difficult time

How can we help?