How To Appeal A Long Term Disability Denial

If you’ve become permanently injured or suffer from a disabling illness and cannot work, your long term disability (LTD) should provide the lifeline you need. If your insurance company has denied your claim, this difficult time is even more challenging.

Even though your claim was denied, it doesn’t mean that you can’t get your benefits. Insurance companies commonly deny claims simply to avoid paying out.

Thankfully, you can fight back and appeal your LTD denial. In this article, we’ll explain how to appeal long term disability denial and how having someone like Share Lawyers to fight for you can help you get the benefits you deserve.

If your long term disability claim has been denied, our long term disability lawyers can help.

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How to Appeal Long Term Disability Denial

If you’ve had your LTD claim denied, you know just how frightening and frustrating this experience can be. You’ve done all you need to submit a claim, and you can’t work. What now? Thankfully, you can appeal your LTD denial. Below, we’ll discuss how to appeal a long term disability denial.

  1. Review the Denial Letter: Carefully review the denial letter from your insurance company. It should outline their reasons for the denial and include policy terms, conditions, and the deadline for appealing it.
  2. Review Policy Terms and Conditions: Ensure that you are familiar with the terms and conditions of your LTD policy, paying keen attention to the definition of “disability,” the details of waiting periods, coverage limitations, and any additional exclusions.
  3. Consult With a Lawyer: It’s always a good idea to consult an experienced LTD lawyer who can provide guidance and expertise throughout the appeal process.
  4. Gather Medical Evidence: Collect any and all relevant medical records and documentation to support your claim. You will also need new medical evidence. Your medical evidence should establish the nature and severity of your disability and how it prevents you from working. This includes reports from physicians, specialists, therapists, and other healthcare providers who have treated you.
  5. Write a Detailed Appeal Letter: Draft a compelling appeal letter that addresses the reasons for your denial and provides rebuttals backed by the medical evidence you’ve gathered. Explain how your disability meets the policy definition and why you are entitled to your benefits. Ensure that your language is respectful and professional.
  6. Submit the Appeal: While mindful of the submission deadline, submit your appeal and keep copies of all correspondence and documents related to the appeal.
  7. Participate in Independent Medical Examinations: If your insurance company requires that you undergo an independent medical examination, attend promptly and be prepared to be honest and cooperative. Also, ensure that you present your medical evidence to the examiners.
  8. Attend Mediation or Settlement Meetings: Insurers may offer mediation or settlement discussions to appealing parties. Consider attending these meetings, but do so with guidance from legal counsel.
  9. Consider Legal Action: If your appeal is still denied, it may be time to escalate the matter to the courts or dispute the resolution process outlined in your insurance policy. You may have to file a lawsuit against your insurance provider.

How an Experienced Long Term Disability Lawyer Fights for You

While it’s certainly possible for you to undertake this battle on your own, appealing an LTD denial in Canada is a highly complex, emotionally draining, and time-consuming process. You’ll be required to gather supporting evidence, follow the proper channels, and meet every one of the deadlines.

This can be a lot for any individual to take on, let alone someone who can’t work. Even if your appeal has already been denied, there is still hope. Hiring an experienced LTD lawyer, especially one with a proven track record like Share Lawyers, to fight on your behalf can significantly increase the effectiveness of your appeal.

Here’s how an expert LTD lawyer can bolster your claim and help you get the benefits you deserve.

  • Legal Expertise: LTD lawyers are experienced in the complexities of the often arcane realm of Canadian disability law. That means they understand the regulations, legal requirements, and court precedents needed to craft a strong appeal.
  • Comprehensive Case Assessment: LTD lawyers will thoroughly review your case, the denial letter, and your medical records. They also scrutinize your policy terms and conditions to identify the strengths or areas for improvement in your claim, which can help improve your strategy.
  • Proper Documentation: LTD lawyers can do the bulk of the legwork for gathering and presenting medical evidence and opinions to support your appeal. They also know how best to orient your evidence to align with legal standards and policy definitions.
  • Effective Appeal Letter: LTD lawyers have a wealth of knowledge and skill in creating persuasive letters refuting the reasons for a denial. They can also provide strong counterarguments while citing relevant legal precedents.
  • Improved Negotiations: When mediation and settlement discussions are offered, LTD lawyers can use their skills to negotiate on your behalf and ensure you receive the best possible outcome.
  • Court Representation: While ideally, your insurance company will settle before your case has to go to court, LTD lawyers will build a strong legal case and argue it effectively before a judge, should the need arise.
  • Following Rules Correctly: LTD lawyers are equipped to ensure all deadlines are met, documents are filed correctly, and your case complies with regulations.
  • Experience With Insurance Companies: The best LTD lawyers have experience dealing with insurance companies and understand their tactics to avoid paying out claims they otherwise should.
  • Increased Chances of Success: Ultimately, experienced LTD lawyers, like Share Lawyers, have proven track records of taking the fight to insurance companies and getting clients like you the benefits that they rightfully deserve.

An experienced LTD lawyer can review your claim, navigate the complexities of your policy and the appeal process, and help even the odds against your insurance company.

Share Lawyers Fights for You

Now that you know how to appeal a long term disability denial, you need to start thinking about your next steps. At Share Lawyers, we have over 35 years of experience fighting for Canadians just like you who were denied their benefits.

Share Lawyers is a family-owned Canadian law firm committed to advocating for individuals, not companies. We’ve represented thousands of cases; insurance companies know we mean business. In fact, most of our cases are resolved before ever going to court.

If you can’t work, you deserve your LTD benefits, and our expert LTD lawyers are here to support you through every step of the process to settle your case so you don’t have to carry the burden. The most reassuring part is that you won’t incur any legal fees unless we successfully secure the benefits you rightfully deserve. Your well-being is our biggest concern.

Are you still wondering how to appeal a long term disability denial?

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.

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