When you pay your disability insurance premiums, you expect to have coverage when you need it most – after a serious or catastrophic accident. Unfortunately, without proper evidence and knowledge of the insurance company’s claims process and tactics, you may find yourself holding a denial of benefits notice.
Whitby long-term disability lawyers can help you better understand the insurance company’s requirements and gather the information necessary to build a successful claim. Do not wait another minute to get started on your application or request for reconsideration and contact a skilled lawyer as soon as possible.
Our long-term disability lawyers can meet with you in Whitby for a free initial consultation. Call (416) 364-2000
Benefits Eligibility
The basic requirements for long-term disability benefits for someone are as follows:
- They have an active insurance policy with long-term disability coverage
- They suffer from a disabling physical or mental health condition
- Their condition is expected to last for at least 12 months or longer
- Their condition makes it difficult or impossible for them to continue working at their current job
Once a Whitby long term disability attorney verifies their client’s policy and coverage, they begin developing the evidence to support their claim. They obtain their medical records, starting at the time of their initial diagnosis.
Whitby Long-Term Disability Lawyer Near Me (416) 364-2000
Proving Conditions
It is important they continue to seek treatment for their condition, as the insurance company will require proof they are suffering from this condition even though they are attempting to get better. A diagnosis is not enough to prove eligibility. If it is not obvious their condition is severe and will last more than 12 months, lawyers can work with a medical expert who specializes in their client’s specific disability and can offer testimony about their limitations.
Next, lawyers turn to proving how their condition affects their ability to return to work with records such as:
- Documented sick leave from work because of their condition
- A letter from their supervisor describing how their state of health limits their ability to work
- A personal journal indicating how their condition impacts their daily life
Keeping a journal is helpful for someone, as it adds specific details about the disabling nature of their health condition.
Click to contact our Personal Injury Lawyers near Whitby today
Disability Payments
Long term disability lawyers in Whitby can help you understand your policy’s rules regarding payment duration and amount. Most insurers, however, base the length of your payments on your ability to return to your present job. If returning to your current job is not possible, the insurer will also consider whether you can work any job in the area. If you can work in some capacity, even if the job is outside of your industry, your benefits may end sooner than if you could not work any job at all.
The insurance company will want to avoid paying you benefits indefinitely, so they may fight hard to prove you can return to work in another capacity. Lawyers fight back by enlisting the help of a vocational expert who can provide testimony about your limitations and inability to work.
After establishing the duration of your long-term disability benefits, lawyers estimate the amount of each monthly payment. Many insurers base the amount on the claimant’s current salary. For workers who do not receive a set salary or work irregular hours, calculating a monthly amount can be tough.
Therefore, a skilled lawyer’s job is to ensure the insurance company does not base your monthly benefits on an uncommonly low paycheck. A Whitby long term disability lawyer can review your pay history to arrive at a fair amount and communicate their demands to the insurer.
Call or text (416) 364-2000 or complete a Free Case Evaluation form
Related Blog Posts:
My Long-Term Disability Claim was Denied: What Now?
This informational page was created for Canadian long term disability insurance policyholders who have submitted a claim that has been denied. It explains what to do once you have received a denial letter from your long term disability (LTD) insurance carrier. By providing a no-nonsense description of how the appeal process works, the kinds of...Will I be Taxed on Personal Injury Damages or Disability Benefits?
If you have been injured in an accident and are set to receive a personal injury settlement or disability benefits, one of the important questions that always comes to mind is how the benefits will be taxed. Understanding how such payments impact an individual’s tax liability is critical to determining whether a settlement and/or disability...
