Considering a Long Term Disability Appeal? Do This Instead
If you have filed a claim for long term disability benefits and it has been denied by your disability insurance company, you are probably unsure of what to do next.
Keep in mind that simply because your insurance company has denied your long term disability claim via a denial letter does not mean that your claim is invalid. In fact, a long term disability denial is a commonly used tactic by the insurance company. Even though you may feel disheartened, a denial letter does not have to be the end of the road for you. There is a path forward.
Why You Shouldn't Enter the Appeals Process
After sending you a denial letter regarding your long term disability claim, your insurance company will instruct you to appeal their decision and may give you three opportunities to try for a successful appeal - it is your legal right. This is an automatic response to make it look like they care, but really, they just want you to give up on the long term disability insurance policy.
Entering the appeals process can seem like a promising solution after a long term disability denial. However, it's important to keep in mind that the decision makers at the disability insurance company who initially denied your claim will likely be reviewing your appeal as well. It's not an easy process, and submitting the same information as before won't lead to a change in the insurance company's decision. You'll need to gather new and compelling medical information from your doctors (often in the form of medical records like supporting documentation and objective medical evidence) to have any chance of success in securing your long term disability benefits.
Remember, simply appealing your long term disability denial isn't the best option. We've been helping Canadians access their disability benefits for over 35 years, and we know all the tricks used by the insurance company. A long term disability lawyer from our team is here to help guide you through a long term disability denial and into the process most likely to get you the benefits that you deserve.
Instead of Appealing Your Long Term Disability Benefits...
- Talk to a Disability Lawyer
Many claimants don't take action when their long term disability claim has been denied by their insurance company. They may believe that their options have been exhausted - others may be tired and simply ready to concede to defeat. It is important to know your rights, what options are open to you, and what resources are available after a long term disability denial.
The best way to ensure that you understand your rights and all of your options is to seek the help of an experienced disability lawyer. A long term disability lawyer, especially one with decades of experience and a national presence, can carefully review your claim, help level the playing field, and successfully navigate the complex policy roadblocks an insurance company will intentionally put in your way. Without a long term disability lawyer, claimants are at the mercy of their own limited knowledge.
When you hire a Share Lawyers, there are no upfront costs and you won't pay any fees unless we win your case. From that point on, you won't have to talk to your insurance company again. We will take on all of the conversations with your case manager about your long term disability denial so you can focus on your health.
In this video, President David Share explains why we warn our clients against appealing their insurance company's denial. Once a long term disability claim has been denied, an appeal to the insurance company will likely also be denied.
3 Steps a Disability Lawyer May Recommend After a Denial Letter
- Make a claim to Canada Pension Plan disability benefits
CPP disability benefits may be available to you if you have made enough contributions to CPP. The CPP definition states that a disability has to be both "severe" and "prolonged," and must prevent you from being able to work at any job on a regular basis. Applying for CPP disability benefits may also strengthen your case against the insurance company. You can obtain the application online at http://www.sdc.gc.ca.
- Apply for your province's Disability Support Program income support
These programs provide financial assistance to eligible people with disabilities. To meet the requirements, you must qualify financially and have a "substantial physical or mental impairment that is continuous or recurrent and is expected to last one year or more." More information is available on the Ministry websites for each province.
- Return to your specialist and request more detailed information
Request more information that specifically addresses the issue of why you cannot work so that you may then submit this information to the insurance company as part of your appeal. It is appropriate and acceptable to pay physicians in Ontario to write a detailed report for you, and could be the motivating factor if your doctor is managing a heavy patient load.
Not Ready to Hire a Lawyer for your LTD Denial?
Even if you are not ready to hire a lawyer or take legal action, it is best to have a free consultation with a disability law firm. The disability lawyers at Share Lawyers are happy to talk to you for free at any stage in the process, and share their insights into the best possible way to secure your disability benefits.
Wrongfully denied your long term disability claim?
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. Join us on Facebook and become a Top Fan for a chance to win each month.