When a disability or injury prevents you from working and provided you have purchased long-term disability insurance either privately or through your employment, you may be entitled to disability benefits through that policy of insurance.
However, one small error or omission on your application could cost you your benefits. An experienced Oshawa lawyer is available to ensure this does not happen to you or your loved one. Long-term disability lawyers in Oshawa work hard to secure benefits for deserving claimants.
In the event that your claim is denied, they will gather the evidence necessary to support your claim, but they are steadfast in the protection of your right to benefits when the insurance company denies your claim.
Our long-term disability lawyers can meet with you in Oshawa for a free initial consultation. Call (416) 364-2000
Qualifying for Benefits
To be eligible for long-term disability benefits, a person must have an insurance policy in place with that particular coverage, be current with their policy’s insurance premiums, and meet the following conditions:
- They suffer from a psychological or physical health condition that is significantly impairing
- Their condition has lasted or is expected to last moving forward
- Their condition prevents them from working at their current job
Proving the severity of their health condition requires a thorough review of their medical history from the time they receive their diagnosis to the time of their most recent doctor visit. The insurance company wants to see they are receiving treatment for their condition on a regular basis. Failure to follow their doctor’s treatment plan can signal to the insurance company that their condition is not as serious as they claim.
Oshawa Long-Term Disability Lawyer Near Me (416) 364-2000
For certain conditions such as quadriplegia, someone’s inability to work is obvious and requires little evidence to support their impairment. However, conditions such as depression or chronic pain or fibromyalgia requires substantial evidence to show their symptoms prevent them from working in their current occupation.
During an Oshawa long-term disability attorney’s work to secure benefits, they advise their client to take the following actions:
- Keep all medical appointments and follow the doctor’s orders
- Refrain from posting about their condition on social media
- Keep a journal of how their condition limits their ability to work and perform daily life activities
- Take note of when their condition worsens and what triggers the increase in severity
- Keep track of days they have to miss work or other important events due to their health
If their condition and prognosis does not improve, a long term disability lawyer in Oshawa may enlist medical and vocational experts to testify on their behalf how their health condition limits their ability to work.
Potential Disability Pay
The insurance company determines the value of their benefits by both the duration of time for which they can collect benefits and the amount of benefits per payment. The insurance company determines the benefit payment period by assessing their ability to work at their current job and any other jobs for which they are eligible to perform.
If their disability prevents them from working any job, the duration of their payments may be longer than a person who can work other jobs with their disability. Most policies provide for a maximum entitlement to the age of 65.
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Factors Determining Payment
Additionally, the amount of your payments will be determined by your current wages. Other factors that affect your benefit payments include:
- Complying with your doctor’s orders and treatment plan
- Fulfilling requests for additional documentation or medical records
- Participating in rehabilitation
- Applying for Canada Pension Plan Disability Benefits
Failure to do any of these things may prompt the insurance company to suspend or revoke your disability payments. The insurance companies look for any excuse to deny or revoke long-term disability claims. Therefore, do not wait to speak with experienced Oshawa long-term disability lawyers.