Toronto Fibromyalgia Long Term Disability Lawyer
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Until recently, fibromyalgia was a misunderstood and often overlooked or misdiagnosed condition. This condition can cause widespread pain for no apparent reason, along with several other related symptoms. Thankfully, doctors are better today at diagnosing fibromyalgia.
But Long-Term disability (LTD) insurance companies may still give patients with fibromyalgia a hard time as they seek benefits. If you find yourself unable to work due to your pain and other symptoms of fibromyalgia, contact a long term disability lawyer to learn more about your options.
Difficulty Of Filing A Claim
The most difficult part of filing a Toronto fibromyalgia Long-Term disability claim is proving you have the condition. Common fibromyalgia symptoms are similar to many other ailments, and there is no simple test that will confirm a case of fibromyalgia. For example, patients with fibromyalgia may experience the following symptoms:
- Pain and tender points
- Headaches
- Fatigue
- Irritable bowel syndrome
- Sleep problems
- Psychological distress like depression or anxiety
These are common symptoms patients experience with many other conditions. Thus, doctors rely on a diagnostic profile to diagnose patients with the condition. Unfortunately, insurance companies and doctors who work with them often challenge diagnoses of fibromyalgia, arguing that the diagnosis is wrong or exaggerated. Even if you are diagnosed with fibromyalgia, you must prove you are seeking treatment but still unable to work.
This is why it is so important to build a thorough case when filing a Toronto fibromyalgia Long-Term disability claim. A lawyer will work with medical experts and compile evidence that establishes not only your diagnosis, but that it prevents you from working.
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Determining The Appropriate Qualifications
When you file a Toronto fibromyalgia LTD claim, you will likely receive short-term disability benefits for the first few months. Then after those expire, the insurance company will reevaluate your condition and ability to work to determine if you qualify for Long-Term disability benefits.
Documenting The Condition
A lawyer will collect your medical records to make sure there is a fibromyalgia diagnosis and a medical history that supports your fibromyalgia Long-Term disability claim in Toronto. If your chronic pain happened after a specific event such as an accident or illness, make sure your doctors and your lawyer know this.
Prevention From Work
A lawyer might ask your doctor to provide documentation of your limitations and observed symptoms to establish that you are unable to work. In some cases, a lawyer may ask your employer to document your work requirements and note any changes in your work ability or attendance since the fibromyalgia began.
If these two points are present and you meet other requirements set forth in your insurance policy, the insurance company should approve your Toronto fibromyalgia Long-Term disability claim. However, this is not always the case.
Denial Of A Claim
Insurance companies may counter your LTD claim in Toronto by arguing that you are not disabled, you are still able to work, or that, after a certain amount of time, you can change careers to continue earning a living.
Non-existence Of Fibromyalgia
Some insurance companies may argue that you are faking or exaggerating your pain, and then use that argument to deny your claim. This is why it is so vital to build a case with thorough medical documentation of your fibromyalgia.
A lawyer will seek records and possibly testimony from your doctor, as well as a detailed medical history to fight back if the insurer questions the presence or severity of your condition.
Continuing To Work
For the first two years, you will need to establish that you are unable to work in your current occupation. A lawyer may work with vocational experts and compile other evidence to establish your inability to continue in your current position to counter any arguments insurance companies make about your ability to work.
Switching Career Fields
After about two years, in most cases, the insurance company will reevaluate your condition to determine if you are able to switch career fields. Despite having already proven you are unable to work in your current occupation, you may at this point need to prove that you are unable to work at all. Once again, vocational evaluations, medical evidence, and other documentation of your condition and limitations will be vital to continue your LTD benefits.
Contacting A Lawyer
An experienced lawyer will help disabled individuals in Toronto with their Long-Term disability claims and appeals.
If the insurance company denies your Toronto fibromyalgia Long-Term disability claim, a lawyer can help you through the appeals process to fight back against an unfair denial and recover the benefits that you deserve.
Do you live in Toronto? Here’s how we can help:
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Download Our "Long-Term Disability Appeals" E-Book
Here’s an e-book you might find useful if you’re interested in learning more about how long-term disability claims work.
In this ebook, you’ll learn:
- The difference between an internal appeal and a lawsuit
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- What deadlines may apply to your appeal
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This ebook will help you:
- Understand what “change of definition” means when it comes to LTD policies
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- Know what evidence you can collect to support your continued claim
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Download Our "Denied Long-Term Disability Benefits" E-Book
Here’s an e-book you might find useful if you’re interested in learning more about how long-term disability claims work.
In this ebook, you’ll learn:
- Common reasons why long-term disability claims are denied in Ontario
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Here’s an e-book you might find useful if you’re interested in learning more about how long-term disability claims work.
In this ebook, you can read about:
- Who qualifies for LTD benefits in Ontario
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- What medical and employment documentation you need to collect
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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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