LTD: Was Your Claim Denied Because You "Are Not Receiving Appropriate Treatment?"

At Share Lawyers, we see a lot of Disability Claims being denied based on the failure to obtain appropriate treatment, which can arise with respect to a number of illnesses or medical conditions that prevent people from being able to work. Many such denials of benefits are based on the alleged failure to be under the care of a psychiatrist, or failing to take prescribed medication.

In Canada, getting a timely referral to a psychiatrist for appropriate treatment is challenging in and of itself, and arises out of a shortage of psychiatrists in major metropolitan areas, and even more acutely in outlying areas. Those that do come under the care of a psychiatrist may be resistant to taking the prescribed medication due to side effects, or the belief that psychotherapy or counselling may offer a more effective treatment.

New York Times Op-Ed

In a recent Op-Ed piece that appeared in the New York Times Sunday Review (July 17, 2015) titled, "Psychiatry's Identity Crisis", Richard A. Friedman, who is a professor of clinical psychiatry at Weill Cornell Medical College, writes that "...every major class of current psychotropic drugs---antidepressants, antipsychotics, anti-anxiety medications---basically targets the same receptors and did their precursors, which were developed in the 1950s and 1960s."

He notes that for most psychiatrists, prescribing pills is an easier and simpler approach to providing psychotherapy, but one that is frequently ineffective to get to the root of the underlying psychiatric condition. He goes on to say that "There is often no substitute for the self-understanding that comes with therapy. Sure, as a psychiatrist, I can quell a patient's anxiety, improve mood and clear psychosis with the right medication. But there is no pill -and probably will never be--for any number of painful and disruptive emotional problems we are heir to..."

Appropriate Treatment

This article and the studies cited within it, as well as similar views expressed within the psychiatric community, offer useful ammunition to combat the blind insistence by insurers requiring disability claimants to take prescription medication. In some cases, where taking prescription medication may turn out to be counter-productive, and where therapy and counselling may prove to provide a more beneficial treatment. This is not to say that medication has no place and that research to further develop prescription medication that can help should not continue, but the points conveyed by Mr. Friedman should be considered when debating what constitutes "appropriate treatment" in a disability claim arising out of psychiatric conditions.

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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.

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