Ottawa Long-Term Disability Denial Lawyers

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Getting injured or too sick to continue working can be scary and frustrating. You may take comfort in the thought that you have long term disability insurance, so at least you’re covered while you recover. But then you file your claim and it’s denied, and you’re right back to feeling confused and scared again.

Having a long term disability claim denied can leave you feeling uncertain of what to do next. You may not know how to handle your finances without the disability claim support. It can be confusing and overwhelming to decide on the next step forward.

Your best bet is to speak to an experienced personal injury lawyer. We’ll come to your home or to the hospital to meet with you without any obligation. We can accommodate you by telephone as well. We’ll evaluate your case and make a plan to move forward. And with our payment guidelines and contingency fees, you won’t pay us unless we get a settlement or judgement on your behalf.

Have you been denied long term disability insurance benefits?

A disability is a physical or mental handicap that can limit your ability to perform everyday tasks, and in some cases, make it impossible to work. When you or a loved one suffers an injury or an illness that inhibits or prevents you from working, it can feel like your whole world has been turned upside down. You may worry about how you’re going to provide for your family, and this adds psychological and emotional stress to an already difficult situation.

Fortunately, in Canada, people who are disabled and unable to work are eligible for Long Term Disability Benefits (LTD), which can help them pay for expenses and maintain their quality of life. At Auger Hollingsworth, our disability lawyers have helped many clients in Ottawa complete the complicated paperwork involved in an LTD claim. And because we understand how important LTD benefits can be for you and your family, we’re not afraid to fight for your rights every step of the way. Schedule a free consultation today to learn how our lawyers can support you.

How to appeal an insurance claim denial

Having your disability insurance claim denied can be frustrating and stressful. Fortunately, if your first insurance claim is denied, there are other options available. But first, it’s important to speak with a disability lawyer in Ottawa to help with your appeal.

Whether you’ve been denied an insurance claim for private disability insurance or as part of a group disability policy, an experienced disability lawyer in Ottawa can help you by:

  • Reviewing your insurance policy to determine if you qualify for disability benefits.
  • Determining if it’s sensible to conduct an internal appeal of the denial of your benefits.
  • Helping you file a lawsuit if that is your best option.

There is really no replacement for having an experienced lawyer on your team. If you believe you should qualify for LTD benefits and have been denied, then contact a disability lawyer today for assistance.

When hire a long term disability lawyer

If you were injured, or are ill, and you can’t work, and you have long term disability insurance, many people think that means you’ll automatically get payments once you make a claim. But it’s not always that easy.

If you made a claim and were denied, it’s best to speak to a long term disability lawyer right away to evaluate your case. Your lawyer will help you file a lawsuit against your insurance to help you get the benefits you need to recover and adjust to your new normal. A personal injury lawyer can help by:

  • Preparing your claim and filing your suit.
  • Hiring experts to testify on your behalf about your vocational requirements.
  • Acting as your representative to your insurance carrier
  • Conduct settlement negotiations.

If your claim was denied and you don’t know how to proceed, schedule a free consultation with us to learn how our experienced long term disability lawyers can represent you.


Free Consultation with Experience Long Term Disability Insurance Lawyers

If you were injured or are too sick to work, but your long term disability insurance claim was denied, you need to find a lawyer you can trust to help you file your claim. Our experienced personal injury lawyers Brenda Hollingsworth and Richard Auger have represented clients all throughout Ontario since 2004 and earned thousands of dollars in compensation for their clients. 

Just because you have long term disability insurance doesn’t mean your claim will automatically be accepted. Sometimes you’ll need vocational expert to testify that you can’t meet the requirements of your job, or other experts to help prove your claim is legitimate, and a lawyer will help you find one. A lawyer will ensure your interests are protected and you receive the compensation you deserve.

Contact Auger Hollingsworth as soon as your claim is denied to book your free consultation. We’ll meet with you wherever you’re comfortable, whether that’s in our office, in your own home, or in the hospital where you’re recovering.

We put your needs first, and you won’t pay anything unless and until you get a settlement or judgment.

What to do if your Long Term Disability Insurance claim is denied

It’s frustrating enough when you’re debilitated and can’t work, and it can be infinitely more frustrating if your long term disability insurance claim is denied. The first thing after your claim is denied, is don’t panic. It doesn’t mean you’re ineligible, sometimes insurance companies don’t treat every claim as fairly as they should. The next step is to contact a long term disability insurance lawyer who can help you file your appeal.

A lawyer can help you by:

  • Filing your appeal.
  • Working with vocational experts to testify on your behalf.
  • Obtaining medical evidence and liaising with your physician.
  • Collecting witness statements.

Handling an appeal on your own is possible, but you may find yourself the victim of legal loopholes or missed deadlines. It’s best to work with a professional to ensure that your case goes smoothly and you get the benefits you need. Schedule a free consultation today to find out how our experienced personal injury attorneys can help you with your appeal.


Requirements for receiving long term disability benefits

Proving that your injuries or illness led to “total disability” is the most important factor for receiving benefits. However, there are some other steps you may need to take to receive LTD benefits from your insurance policy. They include:

  • Not letting your insurance lapse while you are trying to receive disability benefits. Make sure you keep paying premiums to keep your insurance.
  • In some instances, proving that the injury or illness was not a pre-existing condition.
  • Proving that you were a full-time employee at the time your injury or illness occurred.
  • Making sure that your injury or illness is not excluded from your insurance policy.

Since each insurance company has its own requirements for being eligible for Long Term Disability benefits, it’s best to have an attorney help you through the process. They can help you navigate important deadlines, collect evidence, represent you in court, and more. 

Frequently Asked Questions about Long Term Disability Insurance

Common reasons for denial of long term disability claims

Any insured person who qualifies as having a “total disability” and who meets policy requirements for filing should be eligible to receive LTD benefits. Unfortunately, many valid claims are denied by insurance companies. Listed below are some of the most common reasons claims are denied in Ottawa:

  • The claimant does not meet the eligibility requirements as outlined by their insurance policy.
  • The claimant missed important deadlines when filing their claim.
  • Not all documents were completed correctly.
  • The claimant failed to provide the required medical proof to their insurance company.
  • Other procedural or clerical errors were made.

You can avoid making mistakes on your claim by hiring an experienced disability insurance attorney to represent you. Attorneys know how insurance companies try to deny claims and will do everything in their power to make sure your claim is approved and you receive the benefits that you and your family need.

Am I entitled to Long Term Disability benefits?

Determining whether you qualify for Long Term Disability Benefits can be complicated. To do so, you must meet the test of “disability” for your situation, which can be found in your insurance policy contract. While most insurance companies have similar tests to qualify, you must look at your own specific policy.

Once you determine which disability test is applicable, you must present or gather medical documents that prove you meet the requirements. Unfortunately, doctors and health care providers don’t always complete disability certificates for insurance companies that are sufficient. So, once you have the documents from your doctor, inspect them to check the following:

  • Do you think what is written will be sufficient to meet the disability test?
  • Have all your disabilities been properly identified in the document? This can include mental, physical, and psychological problems.
  • Does the document from your health care provider describe why you are disabled and incapable of working?

Sometimes you will have to go to a specialist in your field of disability to get the proper documentation for LTD benefits. It can also be useful to provide your doctor or the specialist with a description of your occupation. This can help them determine which tasks you’re incapable of completing because of your disability.

Finally, it’s important that you meet all deadlines for your insurance company. Having a knowledgeable disability attorney on your side to help you determine eligibility and guide you through the process can be extremely helpful.

How do I prove that I’m disabled?

It is not always easy to prove your disability and begin receiving the benefits you deserve. Sadly, insurance companies are no strangers to making things complicated and doing everything they can to save money, so it’s not uncommon for people to have difficulties obtaining their benefits or even to be denied the benefits they deserve.

To prove that you are eligible to collect benefits through a Long Term Disability insurance policy, you must show that your injury or illness meets the definition of “total disability.” Although definitions can vary slightly between insurance companies, “total disability” means that a person cannot complete the duties of their job for the first two years of their disability. After twenty-four months, the definition of “total disability” changes to mean that you are no longer able to perform the tasks or duties of any job that you were previously suited for.

To prove that your injury or illness is a qualifying disability, you must submit a written statement from a doctor or physician that details the cause and extent of your injury. You must also present objective proof, which could mean X-rays, MRIs, surgical documents, or other medical records that prove your injury.

Why do long term disability claims get denied?

There are many reasons that long term disability claims get denied, and not all of them have to do with the claimant actually being ineligible. Sometimes it’s something as small as missing a deadline can cause your claim to be denied. Insurance companies are generally more concerned with their own bottom line than they are with treating every single claimant fairly.

Some common reasons claims get denied:

  • You missed important deadlines in filing your claim.
  • Your insurance carrier requires more evidence than just medical records.
  • An independent medical examiner disputed your claim.
  • You have a pre-existing condition.
  • Your insurance carrier made an error.

Regardless of the reason, working with a disability lawyer can help you evaluate your case and takes steps toward making a claim. Contact Augers Hollingsworth at +1 (613) 233-4529 to set up your free consultation and learn more about long term disability claim denials.

Who do I sue if my long term disability claim is denied?

Generally, you’ll be suing your insurance carrier who is refusing to provide benefits. However, sometimes it might be appropriate to sue other parties, such as the broker who sold you the policy, or the employer who funds the plan.

It’s best to speak to a lawyer to discuss who the best party to sue is in your particular case. Then your attorney will help you file your claim, as well as handle the finer points of building your case, and representing you in court.

To determine the claim amount, the amount of your damages and the extent of your injuries will be considered.

 A knowledgeable personal injury attorney can help you negotiate the best settlement or fight for a higher claim amount in court.

What Our Clients Say

“Auger Hollingsworth was able to get me a very good accident benefits settlement from the insurance company after the insurance company had cut my benefits off. My lawyer Calla Rose did an exceptional job on my behalf and I highly recommend Auger Hollingsworth to anyone suffering a personal injury from an accident.”

Linda Balan

Rating: 5/5 ⭐⭐⭐⭐⭐

Contact our Disability Lawyers in Ottawa, ON today

The disability attorneys at Auger Hollingsworth understand how important disability benefits can be for you and your family. That’s why when you work with us, helping you receive your benefits is our number one priority.

We offer case evaluations for Long Term Disability Benefits, Short Term Disability Benefits, and Canadian Pension Plan Disability benefits. For a free consultation and assessment of your case, call us today at +1 (613) 233-4529 or contact us online.

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