Jeff Mitchell

Principal Lawyer & Founder

Winning Long Term Disability Benefits

By Jeff Mitchell | Disability Claim

Your Guide to Winning a Long-Term Disability Benefits Case

Need-To-Know information for winning your Disability Benefits case

The journey to winning your long-term disability (LTD) benefits can be a long and harrowing one. If you have had the experience of putting forth a disability claim it can easily be understood just how much of a fight obtaining your rightful disability benefits can be. But don’t fret, there are tools and advocates that can help fight on your behalf to ensure that you are given what you deserve.

The purpose of disability benefits is that they should be given to those who have been disabled; however, in reality it is not so simple. Those seeking LTD will have to form a “strategy of attack” and give the insurance company no choice but to award them their claim. Using the tips and tools outlined inThe Must-Read Guide to Winning Disability Insurance Benefitswritten by Jeff T. Mitchell; a disability and personal injury lawyer, will help orient you to the process ahead. This post will introduce you to some of the important content in the Must-Read Guide to Winning Disability Insurance Benefits book.

After Reading “The Must-Read Guide to Winning Disability Insurance Benefits you should be able to answer the following important questions: 

  • What is a disability benefit?
  • How do I apply for disability benefits?
  • How to draft a winning claim.
  • What to do if my benefits are denied or terminated?
  •  And many more!

What are Disability Benefits?

Starting with the most basic concept; disability benefits are payments of money made to a person who is disabled and cannot work. They are intended to act as a safety net for a person who is unable to work, and the benefits will typically end when the person is able to return to work or take on another job.

There are many different types of LTD plans including group disability insurance policies, non-profit disability benefits plan and individual disability insurance policiesOrder a free copy of the LTD Book to learn more.

How to Apply for Disability Benefits

There are three fundamental questions that an insurance adjuster will ask when they are reviewing your claim. Your application must force the adjuster to answer in the affirmative for all three questions.

  • Does the applicant have an illness or injury?
  • Is the applicant’s functional capacity reduced?
  • Is the applicant applicable for disability benefits?

If the insurance company's reviewer is able to answer "no" to any one of the three questions your claim will likely be denied.

A “bare bones” LTD claim will consist of a notice of claim form, an attending physician statement, and an employer’s form. All these files are necessary, but they are in no way a means of guaranteeing an approved LTD claim. The following section will elaborate on how to “boost up” your claim to help maximize your potential of getting an approved LTD claim.

How to Draft a Winning Claim

“The Must-Read Guide to Winning Disability Insurance Benefits” outlines 10 winning tips that will help push your claim over the top and get that much sought after approved stamp. Outlined below are some of the most powerful tips:

Winning Tip 1: Boost your notice of claim form.

While it is important  to make sure the document is filled out correctly (dates, signed, etc.) it is critical to go further with this form and use it to drive home the details that will help ensure an approved LTD claim. These details include how you could work prior to the onset of your disability, what caused your disability, and why your disability interferes with your ability to work.

Need more space? Attach a spare piece of paper to the form. If you have more information to provide about you r restrictions na limitations you should not be constrained by the insurance company's form.

Winning Tip 2: Work with your doctor on the attending physician statement.

As one of the three main documents needed for a complete application, it is crucial that this document stands as strong and detailed supporting statement in your mission for LTD approval. To do this it is up to you to inform your doctor about your disability and about the duties you perform at work. Also, be sure to try booking an extended appointment and be courteous with the doctor to help form a trusting relationship. Your doctor will likely appreciate your efforts to assist him or her to complete the form during your visit as the doctor can ask you questions about your restrictions and limitations at the time of the visit.

Remember that the insurance company will asses whether your restrictions and limitations rise to the level of a total disability based on your own occupation or the any occupation test. You must explain to your doctor what the relevant test is in order to have him or her complete their portion of the application properly.

Applying the above “Winning Tips” and the others found in “The Must-Read Guide to Winning Disability Insurance Benefits” will result in a much stronger claim, maximizing your chances for success. Order a free copy of the LTD Book to learn more.

What should I do if my Benefits are Denied or Terminated?

It is a bad day for any disabled worker when they receive a denial letter or termination letter but there is still hope. The first thing you should do when receiving one of these letters is to photocopy it and store it is a safe place, as it will be a valuable asset in any appeal.

If your long term disability claim based on mental health concerns? If so, learn more about mental health long term disability claims in this post.

A denial letter indicates that your LTD claim was unsuccessful. The denial will typically mention that you may suffer some restrictions, but that your disability does not rise to the level of a "total disability".

In other cases, the insurer will send a notice letter to their insured notifying them that their benefits will be cut off at a future date. This letter typically explains that medical evidence suggests that they are no longer disabled or that surveillance evidence has shown that they are not disabled.

Either way, these letters are a threat to you losing your LTD benefits and must be taken seriously. Once you have sorted out why you were denied, you can then determine what you can do to attempt to overturn the unfavourable decision. There are ways to appeal both a denial and a termination letter. Although this can be a complex matter and it is recommended that you seek out a disability lawyer “The Must-Read Guide to Winning Disability Insurance Benefits” lays out a step by step guide (along with tips) to successfully appeal a denial or termination and get you LTD benefits back.

Questions About a Long Term Disability Claim?

Jeff Mitchell is an experienced Long-Term Disability Benefits Lawyer who has successfully obtained disability benefits for his clients. Jeff has successfully obtained long term disability benefits for his clients who have been denied benefits or had their benefits terminated.

To book your free consultation, call 902.442.8853 or 1.800.262.8104. Prefer to email? Email Jeff at jeff@novainjurylaw.com.

About us

NOVA Injury Law, located in Bedford, NS, is a personal injury law firm. We provide approachable, responsive, and compassionate representation to victims of car accidents, slip & falls, long term disability benefits denial, birth injuries, brain injuries, property damage, medical malpractice, and faulty products. We’re the only law firm in Atlantic Canada with a Doctor on the team.

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