Toronto Multiple Sclerosis Long Term Disability Lawyer
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Your Long-Term disability (LTD) insurance should be there to replace your income if you are unable to work due to multiple sclerosis.
Unfortunately, the insurance company may deny your claim for a number of reasons, including classifying your condition is relapsing-remitting and arguing that you are able to work.
A long term disability lawyer can help those with MS better understand their Long-Term disability policies and exercise their rights under the terms of those policies.
Point Of Qualification
Multiple sclerosis is a progressive disease with symptoms that can come and go without warning. For MS to qualify for Long-Term disability benefits, it has to impair your ability to work.
Before you file for Long-Term disability benefits, ask yourself:
- Has my doctor diagnosed me with MS?
- Do my symptoms prevent me from working at my current job?
- Have I exhausted my short-term disability benefits?
If you can answer yes to all three of these questions, you may be eligible to collect LTD benefits if you have evidence to prove these criteria are true. After a couple of years, you may then have to prove that your MS prevents you from working in any occupation.
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Evidence Of Eligibility
Maintaining regular medical care is a key part of proving the severity of your disability and how it affects your ability to work. By keeping up with regular doctor appointments and treatments, you develop a medical history that we use to help support your claim.
Your medical records are the most critical part of your disability claim, as they reveal many facts about your condition. Before we submit your claim, we look for these items in your medical records:
- Proof of diagnosis
- Consistent care and adherence to treatment
- Types and results of treatments
- Prognosis
The prognosis is an important part of your records. This information is not always available in your records unless you request it. A disability lawyer can work with your doctor to get his or her testimony on your MS symptoms and how they affect you and your ability to work.
Use Of Medical Experts
If your records are not enough to show that your condition prevents you from working, we may bring in other experts to review your case. Vocational experts can testify that your symptoms limit or prevent you from working.
Medical experts familiar with multiple sclerosis may provide additional insight into your condition to establish its severity and the limitations it places on you.
Information from your employer can also help prove your inability to continue working. We might ask your employer to write a letter of explanation of your job duties.
Claim Denial
The most common form of MS, relapsing-remitting multiple sclerosis (RRMS) will create periods during which your symptoms worsen and when your symptoms subside.
During remission periods, you might not experience all or any of your symptoms. However, over time the degree to which multiple sclerosis causes disability may increase during active periods of the disease.
People with RRMS may find that getting the insurance company to approve their disability claim is difficult. Insurance companies might argue that you are able to work during long periods of remission.
That is why we work with your doctor and other experts to establish how often flare-ups occur and prove that your MS is disabling enough to keep you from working.
Helping Your Claim
Documenting your health over a long period of time is critical to support your claim. Keep track of the following events:
- Symptoms flare up
- Symptoms worsen
- You start a new treatment
- You struggle to perform job duties
- You cannot perform all job duties
- You are unable to work at all
Keep track of each symptom, its severity, and how it affects your ability to work. Also inform your doctors that you are filing for long term disability benefits so they are aware. Informing your doctors early can prepare them if we contact them for further documentation or testimony.
Finally, work with a Long-Term disability lawyer who has experience with multiple sclerosis claims. They can anticipate insurance companies’ excuses for denying your claim and actively seek evidence that helps you overcome these obstacles.
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In this ebook, you’ll learn:
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- Understand what “change of definition” means when it comes to LTD policies
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long-term disability FAQs
Here are some commonly asked questions for long-term disability claims
How long will it take to settle my case?
The duration of a long-term disability case can vary depending on a number of factors, including the reasons provided for the claim’s denial, the policyholder’s standing with their insurance provider, the complexity of the claimant’s case, the willingness of the insurance company to negotiate, Court availability, and other considerations. Generally speaking, it can take between 1-3 years for a fair resolution to be reached.
How much will I pay in lawyers’ fees?
Our long-term disability lawyers work on a contingency fee basis. That means we only get paid if the case is won, and our fees are based on a percentage of the compensation awarded. You will not be required to pay any upfront fees out-of-pocket in order to pursue legal action.
How long do I have to sue?
The statute of limitations for a long-term disability lawsuit in Ontario is generally two years from the date of the denial of benefits or the last payment of benefits. However, depending on the circumstances of the case, the lawsuit could be subject to additional time limitations. It is crucial to speak with a long-term disability lawyer as soon as possible, so as to not jeopardize your chances of recovering the compensation you deserve.
Do I have a strong case?
The answer to this question depends on the facts of your individual case. Our Ontario long-term disability lawyers should be able to evaluate the terms of your policy, review the evidence available to you, and consult with medical experts to assess the strength of your claim.
How much compensation will I get?
It is almost impossible to predict the specific amount of compensation you might be entitled to, however after reviewing the details of your case, our Ontario long-term disability lawyers may be able to provide you with an estimate that you could reasonably expect to be offered. The decision to accept settlement offers is yours and yours alone.
Do you represent insurance companies?
No, our long-term disability lawyers are solely committed to protecting the rights of policyholders who have been unfairly treated by insurance providers.
Will the insurance company continue to pay my disability benefits after we settle the case?
The answer to this question depends on the terms of your individual settlement. In most cases, the settlement will include a lump sum payment for past and future benefits. After agreeing to these terms and accepting this settlement offer, future benefits will no longer be paid. However, in some scenarios, insurance companies may only offer to settle for past benefits owing and might agree to continue paying benefits after the case is settled until the terms of the policy are reached.
Should I speak to the adjuster on my file after my benefits have been terminated?
It is not recommended that you speak to the adjuster on your file after your benefits have been terminated. Anything you say could be used against you. That is why it is best to consult with our long-term disability lawyers before communicating with your insurance company.
Got more questions?
If you have more questions or need legal help regarding long-term disability claims, contact our legal team for help.
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