Moncton Long-Term Disability Lawyers to Help Maximize Your Benefits

Are You Aware of the Tactics Used by Insurance Companies in New Brunswick to Reduce Disability Benefits?

Insurance companies are increasingly using sneaky tactics to deny, delay or diminish disability benefits for those who suffer from injuries. For example, they might:

Attempt to prove that your injury existed before the accident, denying you rightful compensation.
Subject you to invasive medical exams or surveillance.
Argue that you are responsible for your injuries.
Downplay the severity of your injuries.

It’s essential to seek legal assistance from experienced disability lawyers who can help you navigate your communication with the insurer so that you receive the benefits you are entitled to.

NOVA Injury Law is here to help you get the compensation you deserve. Our team of long term disability lawyers in Moncton will work tirelessly to support you and your family, so you can manage your disability and maximize your claim.

We know the importance of financial security for those dealing with disabilities, and how important it is to have your long-term disability benefits paid consistently and in full. With our help, you can sleep easy, knowing that you can afford to manage your injury and rehabilitation needs, and pay for essentials like groceries, bills, rent, and mortgages.

We have a practicing emergency room physician consulting on our cases as required. Having this expertise built into our practice means four things for clients who are pursuing a long-term disability claim with their insurer:

We have ready-made access to a doctor to provide advice on your injuries from the moment your Free Case Review starts. For many of our clients, this happens before they have even gone off work or submitted a claim.
Depending on the nature of your injury or disabling condition, our doctor can then organize fast advice from a specialist. So if you are suffering from a physical injury we may seek the advice of an orthopedic surgeon. If you are struggling with mental health, we would seek the advice of a psychiatrist or psychologist.
Our in-house physician can organize prioritized access to occupational therapists who not only help our client’s recover from injury, but help us develop accurate forecasts of future recovery and rehabilitation needs related to their living and work arrangements.
We can quickly evaluate the reasons why an insurer is adjusting, reducing or cutting off a client’s long term disability benefits.

This is why we are considered one of the premier law firms in New Brunswick. From the moment you talk with us about your needs, you have immediate access to medical support and advice, and you give our lawyers the tools they need to support long term disability applications, and defenses to unfair amendments to your LTD benefit arrangements.

Don’t let the insurance companies reduce your disability benefits unfairly or cut them off entirely. Contact NOVA Injury Law today and let us fight for you!

Additionally, NOVA Injury also has offices and handles LTD cases in:

Halifax
Charlottetown
Sydney
Bedford
Summerside

You can start getting organized before you submit disability benefits claim

At NOVA Injury Law, many of the long-term disability cases we handle don’t stem from traumatic injuries. Mental health conditions are common contributors to long-term disabilities in New Brunswick due to their devastating impact on an individual’s ability to earn income and lead a normal life.

There are several reasons that can contribute. Personal or family reasons, such as illness, or caring for a sick family member, can lead to people’s mental health declining, requiring them to take time off work.

At work factors can also be contributors. Things like toxic work environments, lack of support from management, or abusive behavior from colleagues or superiors can also lead to employees suffering from a decline in their mental health. Burnout and stress, misaligned workplace culture and values and changes to reporting lines can also be contributors.

Getting your file in order before you claim long-term disability benefits and go on leave is critical to ensuring a smooth and successful claim process. It’s essential to document and catalog all the factors that have contributed to your disability, including your work environment, the stressors you face, and any medical conditions you may have.

Let’s say you work in a high-pressure sales job, and the constant pressure to meet targets and close deals has taken a toll on your mental health. You’ve been struggling with anxiety, depression, and burnout, and you know you need to take a break from work to focus on your health.

Before you go on leave, it’s important to document your work environment, including the hours you worked, the targets you were expected to meet, and any feedback or pressure you received from your superiors. You should also document any medical treatments you have received for your mental health, including therapy, medication, or hospitalization.

By organizing this information ahead of time, you can present a clear and convincing case to your insurer, demonstrating that your disability prevents you from working. We can walk you through how to best start this evidence at your Free Case Review.

External factors can cause long term disability preventing you from working

Other forms of long term disabilities can also be caused by external factors to the workplace including:

Traumatic injuries sustained in slip and falls accidents, car and motorcycle accidents, bicycle accidents or even as result of defective products or medical malpractice.
Chronic illnesses like multiple sclerosis, heart disease, chronic arthritis, or diabetes.
Autoimmune diseases like psoriasis, lupus, or vasculitis.
Neurological and degenerative disorders such as epilepsy, Parkinson’s disease, or Alzheimer’s.

If you believe your mental or general health is impacting your ability to work you may be eligible for long-term disability benefits under your policy. Likewise, if you are suffering from a long-term disability you may not be receiving the right amount of support available to you.

Why long term disability benefits are denied in New Brunswick

Even if you believe that you qualify for long-term disability compensation, insurance providers may not agree. At NOVA Injury Law, we frequently see long-term disability claims denied for various reasons including:

Prior medical conditions: Depending on your insurance policy, you may not qualify for long-term disability benefits if you have a pre-existing medical condition that affects your earning ability. While most policies have an “elimination” period, where previous medical conditions don’t impact your claims if you’ve held the policy for a specific duration, it’s best to consult with NOVA Injury Law to review your policy and receive advice on the next steps.
Not classified as a ‘disability’: Another reason why long-term disability claims are denied is if the medical condition doesn’t align with the insurer’s definition of disability. Policies can vary in New Brunswick, and certain policies have different disability classifications.
Insufficient proof: Missing medical records and documentation, a lack of expert testimony, inconsistent information, and failure to follow proper treatment procedures can all result in denied claims. It’s critical to gather all necessary medical evidence and any other documentation relevant to your disability to present a strong case for why you deserve compensation.

Contact NOVA Injury Law for a Free Case Review for any issue related to denied disability benefits in New Brunswick. We will review your records and compile all relevant documentation to create a compelling case for long-term disability benefits.

What does ‘Totally Disabled’ mean and why is it important?

The legal definition of “total disability” does not require you to be completely incapacitated by your injury. Instead, it refers to whether you can perform the essential functions of your job or similar roles, given your education, training, and experience.

Long-term disability insurance policies have different standards to determine whether someone is “totally disabled”. These standards include:

Own Occupation definition: This standard considers a person totally disabled if they cannot perform the essential duties of their own occupation.
Any Occupation definition: This standard considers a person totally disabled if they cannot perform the necessary duties of any occupation for which they are qualified.
Activities of Daily Living (ADL) definition: This standard considers a person totally disabled if they are unable to perform certain activities of daily living, such as bathing, dressing, feeding, and toileting.

Keep in mind that insurance companies will try to prove that your injuries either do not meet their definition of “total disability” or no longer meet it, typically around two years after the injury.

At NOVA Injury Law, our team of lawyers and medical professionals work together to accurately assess the impact of your disability on your ability to work. Our Principal Lawyer, Jeff Mitchell, has extensive knowledge in this area and has written a comprehensive guide called “The Must-Read Guide to Winning Disability Insurance” which provides valuable information on how to successfully pursue your disability insurance claim.

Likely scenarios before a person seeks legal advice

At NOVA Injury Law, we are usually involved in cases where:

A person is preparing to claim for long term disability benefits.
The insurance company has rejected the injured person’s application for benefits.
The injured person’s benefits have been cut-off or reduced after being previously approved.

When someone’s long term disability benefits have been denied, we:

Review the insurance policy to understand the terms and conditions, as well as the basis for the insurer’s decision to deny benefits.
Evaluate the medical evidence in support of the client’s disability claim. This may involve reviewing medical records, consulting with medical experts, and obtaining additional evidence as necessary.
Consider how the long term disability affects the client’s ability to perform their usual job tasks, as well as whether they are unable to work altogether.
Examine the insurer’s decision to understand why the application was denied. This may include analyzing the insurer’s reasons for denying the claim, any relevant policy provisions, and any applicable legal standards.

Once we have evaluated these areas, we explore legal options, which may include filing an appeal, negotiating a settlement, or even filing a lawsuit.

If a person’s benefits have been wrongly cut-off, we review the reason for the cut-off. This is usually due to changes in the person’s medical condition or a change in the insurance policy’s terms and conditions.

Are long-term disability benefits taxable?

Generally, if you pay the entire amount of the disability premium yourself, your disability benefits will be tax-free. This may bring your income while on disability closer to your current take-home pay. If your employer pays all or part of the disability premium, your disability benefits will be subject to income taxes.

What if your long term disability benefits are denied or cut off?

Receiving a denial or termination letter for your long term disability benefits can be a scary and confusing experience. You may feel alone and defeated, dealing with the complicated insurance arrangements and talking to an anonymous insurance consultant may be the last thing you want to do.

To help you through this process, speak with our long term disability lawyer as soon as possible. At NOVA Injury Law, we understand how challenging the whole process can be, and we’re here to build your case and negotiate with insurance companies, so you don’t have to.

Speak with NOVA Injury Law right now if your long term disability benefits have been denied

The denial or termination letters you receive shouldn’t be ignored, but they are often unclear and lack detail, stating a “lack of objective medical information” or that your claim does not meet the insurance company’s definition of “total disability.”

To know where you stand and what your next steps should be, speak with the team at NOVA Injury Law. Our experienced lawyers can provide guidance on what to do next, whether it involves gathering more medical evidence or documentation, or identifying other grounds for an appeal. Once you’ve identified the reasons for the denial or termination, you can challenge the decision.

Appealing a denial or termination letter can be a complex process, but NOVA Injury Law can help. After forwarding us a copy of the letter, we will begin building a case to fight the insurance company on your behalf. For more information, we recommend reading our comprehensive guide, “The Must-Read Guide to Winning Disability Insurance“, available on our resources page. This guide offers a step-by-step approach, along with helpful tips, to help you overturn the unfavorable decision and regain your LTD benefits.

Why is it crucial to seek legal representation to assist your New Brunswick long-term disability insurance claim?

It’s a harsh reality that insurance companies are largely driven by profits. They will do everything in their power to minimize the amount they pay out in disability insurance claims. They may use tactics like demanding endless documentation or downplaying the severity of your disability just to avoid paying what you rightfully deserve.

But don’t worry, we understand your pain and we are here to help. We know the tricks of the trade and what kind of evidence we need to submit to support your claim. We are familiar with common mitigating factors and understand the importance of demonstrating how your injury or disabling condition impacts your ability to work now and into the future.

NOVA Injury Law understands how important financial security is for a person needing disability benefits

We believe that justice should be accessible to everyone, regardless of their financial situation. That’s why we offer a no-win, no-fee guarantee, which means you won’t be charged any legal fees if we don’t win. And with a history of success securing millions of dollars in disability insurance benefits for clients, we’re confident we can negotiate fair compensation on your behalf.

Our lawyers are a part of the community in Moncton meaning we have access to professionals, community groups and volunteers all over the city who can not only get you the support you need, but assist us in maximizing your claim. We work particularly closely with brain injury support and awareness groups in New Brunswick as well as specialists and practitioners in the New Brunswick Medical Society.

For more information or to set up a Free Case Review, you can reach us by calling 1-800-262-8104 or writing Jeff Mitchell at jeff@novainjurylaw.com now. We’re available 24/7 to support you through every stage of the long term disability benefits process, whether it’s through email, text, Facebook messenger, or any other means of communication that you prefer.