Markham Long-Term Disability Lawyers

If you have been severely injured or have developed a disabling physical or mental illness that makes it impossible for you to perform the duties of your job, you might be experiencing legitimate financial anxieties. For people living with a disability, being unable to continue working in their chosen occupational field can be stressful, demoralizing, and frightening. Without access to the same level of income to which you had become accustomed, affording your regular costs of living in addition to expenses related to your newly acquired medical condition can feel like an insurmountable challenge.

For people living and working in Markham, Unionville, Stouffville, and surrounding communities, a denied long-term disability claim can create immediate uncertainty. Mortgage payments, rent, family expenses, treatment costs, prescriptions, and transportation to medical appointments may continue even when income has stopped.

The Markham long-term disability lawyers at Preszler Injury Lawyers may be able to help if your LTD claim has been denied or terminated. To discuss your situation, call 1-888-608-2111 and book a free initial consultation.

Long-Term Disability Benefits in Markham

Depending on your level of insurance coverage, if the symptoms of your medical condition prevent you from carrying out the duties of your job, you might be eligible for long-term disability (LTD) benefits. Your employer’s group insurance plan might include coverage for LTD benefits, or they might be available as part of an insurance policy you pay for privately.

LTD benefits typically provide recipients with between 60-70% of their regular earnings; however, based on the terms and conditions of your individual policy, the monthly income replacement payments available to you might be subject to certain caps. That said, during a prolonged and difficult battle with a severe injury or illness, LTD benefits can provide a stable source of income and a genuine sense of security.

The rules that apply to an LTD claim depend on the wording of the insurance policy. Some policies define disability based on whether the claimant can perform the essential duties of their own occupation. After a certain period, many policies change to an “any occupation” test, which may require the claimant to prove that they cannot perform the duties of any suitable occupation based on their education, training, and experience.

Because policy wording matters, it can be important to have the denial letter, medical records, and insurance documents carefully reviewed. Our Markham long-term disability lawyers at Preszler Injury Lawyers may be able to help claimants understand why their benefits were denied and what steps may be available.

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Since 1959, we’ve helped thousands of Canadians get the compensation they deserve with their long-term disability claims. One of Canada’s oldest personal injury law firms, personal injury law is exclusively what we do. Book a free consultation today with our top-rated personal injury lawyers.

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Why LTD Claims Are Denied or Terminated in Markham

The process of applying for LTD benefits is not always simple or straightforward. In fact, many claimants face an exceptional degree of scrutiny from their insurance providers, and even outright disbelief. Unfortunately, this is often the case for policyholders trying to recover LTD benefits for so-called “invisible” injuries or illnesses.

Some examples of invisible injuries or illnesses that are often unfairly dismissed by insurers include:

• Depression
• Anxiety
• Chronic pain or complex regional pain syndrome (CRPS)
• Post-traumatic stress disorder (PTSD)
• Fibromyalgia
• Arthritis
• And more

Along with their claims for LTD benefits, applicants are generally required to include a thorough roster of evidence proving that they have been diagnosed with a debilitating medical condition, that they have been receiving prolonged and ongoing treatment for it, and that their ability to complete their jobs has been jeopardized because of their condition’s symptoms. However, since “invisible” injuries do not manifest themselves with symptoms that can be objectively measured or observed, claimants seeking LTD benefits to cope with them might need to go to great lengths to secure the payments to which they should be entitled.

Common Reasons Insurers Deny LTD Claims

Claimants suffering from “invisible” injuries or illnesses are not the only policyholders whose claims for LTD benefits are denied. Insurance providers can turn down claims and withhold payments for a number of reasons, including:

• Insufficient supporting medical evidence was included in the application
• The claim was filed late, past the requisite deadlines
• The medical condition does not meet the insurance policy’s definition of “disability”
• The policy includes contractual stipulations (often excluding pre-existing conditions) that disqualify a claimant’s application
• The claimant refused to undergo an independent medical examination (IME)
• And more

Insurers may also rely on surveillance, internal medical reviews, incomplete treatment records, or selective interpretations of a claimant’s medical history. In some cases, a claimant may be told that they can return to work even though their treating doctors continue to recommend restrictions or ongoing treatment.

If your insurance provider denied your claim for LTD benefits even though your medical condition entitles you to receive them, do not hesitate. Book a free initial consultation with our Markham Long-Term disability lawyers today by calling 1-800-JUSTICE.

What Evidence Can Support A Long-Term Disability Claim?

Strong evidence is often important in LTD disputes. Depending on the circumstances, relevant evidence may include:

• Family doctor records
• Specialist reports
• Diagnostic imaging
• Prescription records
• Treatment notes
• Functional assessments
• Psychological reports
• Physiotherapy records
• Occupational therapy records
• Employment files
• Job descriptions
• Income records
• Statements from people who have observed the impact of the claimant’s condition
• And possibly more

In some cases, it may also be helpful to document how symptoms affect daily activities, concentration, mobility, sleep, personal care, household tasks, and the ability to sustain work on a reliable basis. A claimant’s diagnosis is important, but insurers often focus on function. That means the evidence should help explain not only what medical condition exists, but also how that condition prevents the claimant from working.

Depending on the claim, related legal issues may also arise under the Insurance Act, the terms of the policy, and applicable limitation periods under the Limitations Act, 2002.

How Our Markham LTD Lawyers May Be Able To Help

A denied LTD claim does not necessarily mean the end of the matter. Depending on the circumstances, a claimant may have options to challenge the insurer’s decision. However, deadlines may apply, and waiting too long could affect a claimant’s rights.

Our Markham LTD lawyers may be able to review the denial letter, examine the policy, assess the medical evidence, identify gaps in the insurer’s reasoning, communicate with the insurance company, and pursue legal action when appropriate. The goal is to help eligible claimants pursue the benefits and compensation that may be available to them under their policy and Ontario law.

If your disability arose from an accident caused by another person’s negligence, our Markham personal injury lawyers may be able to help you investigate your options for additional compensation. For example, our Markham car accident lawyers and Markham slip and fall lawyers regularly help injured clients explore their eligibility for tort claims while also navigating LTD insurance obligations.

Preszler Injury Lawyers also assists people with other injury-related claims, including chronic pain claims, catastrophic impairment claims, and claims involving traumatic brain injuries.

Speak With Our Long-Term Disability Lawyers Serving Markham

Our Markham long-term disability lawyers appreciate how overwhelming and discouraging it can be to receive a denied claim for LTD benefits. During a free initial consultation with our long-term disability lawyers serving Markham, you will have the opportunity to review the circumstances of your case and learn about options that might be available to you.

If you are eligible, we might be able to recover your previously denied benefits payments, damages you have incurred because of your claim’s initial denial, and more.

To schedule your free initial consultation with our long-term disability lawyers serving Markham, contact us today.

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LONG-TERM DISABILITY BENEFITS DENIED OR CUT-OFF IN MARKHAM?