St. John’s Long-Term Disability Lawyers

The Tricky Tactics Used by Insurance Companies to Reduce Disability Benefits for Injured Newfoundlanders

Long-term disability can be devastating for individuals and families in St. John’s and across Newfoundland. It can result in loss of income, significant medical bills, and emotional distress. This distress is compounded by insurance companies using increasingly sneaky tactics to deny, delay or reduce disability benefits for those who suffer from injuries. considerable efforts to demonstrate that your injury pre-existed the accident, with the goal of refusing you the rightful compensation you deserve.

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

We understand just how important financial security is for those dealing with disabilities, and how important it is to have your long term disability benefits paid consistently and in full, on an ongoing basis. 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 injury or disabling condition 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 St. John’s, Newfoundland. 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!

The injury lawyers at NOVA Injury Law provide the following legal services in St. John’s:

Long-term disabilities can come in different forms

At NOVA Injury Law, many of the long-term disability cases we deal with are not the result of traumatic injuries. Mental health issues frequently contribute to long-term disabilities in St. John’s Newfoundland, due to their detrimental effect on an individual’s ability to generate income and maintain a regular lifestyle.

Multiple factors can contribute to this, including personal or familial reasons like illness or the obligation to care for an unwell family member. These can cause an individual’s mental health to deteriorate, necessitating them to take time off work.

Workplace-related factors can also contribute to an individual’s mental health decline. A toxic work environment, inadequate support from management, or abusive behavior from colleagues or superiors are a few examples. Burnout and stress, a misaligned workplace culture and values, and changes in reporting lines can also be contributing factors.

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.

In both cases, NOVA Injury Law is here to help. Our team will evaluate your case, provide you with vital information on the factors that qualify you for compensation claims, and discuss critical next steps.

It’s not uncommon for long term disability benefits to be denied for workers in St. John’s and across Newfoundland.

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.

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.
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 Newfoundland, and certain policies have different disability classifications.

Contact NOVA Injury Law for a Free Case Review. We will review your records and compile all relevant documentation to create a compelling case for long term disability benefits.

What is ‘Totally Disabled’ and why does it matter?

The term “Total disability” does not necessarily mean complete incapacitation due to your injury. Instead, it refers to whether you can carry out the essential duties of your job or comparable roles based on your education, training, and experience.

Various standards are used by long-term disability insurance policies to establish whether an individual 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.

At what stage does a person usually seek legal advice?

At NOVA Injury Law, we are typically 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 can you do if your long term disability benefits are denied or cut off?

Receiving a letter denying or terminating your long-term disability benefits can be an overwhelming and perplexing ordeal. It’s natural to feel isolated and demoralized, especially since navigating complex insurance procedures and communicating with anonymous insurance consultants may be the last thing you want to deal with.

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

It’s important not to ignore the denial or termination letters you receive for your long term disability benefits. However, these letters can often be unclear and lack detail, citing reasons such as a “lack of objective medical information” or failure to 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.

It’s vital to seek legal aid to assist your long term disability insurance case

Insurance companies are often driven by their profits and may have a financial incentive to minimize the payout amount in disability insurance claims. As a result, they may employ various strategies to reject or postpone claims, such as requesting extensive documentation or challenging the seriousness of your injury or disability.

This is where our expertise in handling disability insurance claims becomes so valuable. We know what kind of evidence is necessary to submit a successful claim. We are familiar with the mitigating factors and understand the importance of demonstrating how your injury or disabling condition prevents you from working now and into the future. These are essential factors that NOVA Injury Law will argue on your behalf to the insurance company.

How do you know if you have a valid claim?

We start with a Free Case Review. This gives you and your family a chance to consult with a lawyer to understand what options you may have and what you can expect, without paying a cent.

From here, we support you, and secure the maximum benefits you are entitled to under your long term disability benefits plan or policy. Often we navigate complex claims processes to get there – something only an expert should have to do – given all the obstacles set up to reduce and delay your benefits.

And if your claim is denied, we provide legal advice and guidance on your options moving forward.

Call Our St. John’s Long-Term Disability Lawyers Today!

We are committed to making justice accessible to everyone, regardless of their financial circumstances. To that end, we offer our clients in Newfoundland a no-win, no-fee guarantee, meaning you won’t have to pay legal fees if we are unable to win your case. With a track record of securing millions of dollars in disability insurance benefits for our clients, we are confident in our ability to negotiate fair compensation for you.

For more information, take advantage of our Free Case Review for your long term disability claim, or reach out to us on 1-800-262-8104. Our team is part of the Newfoundland community. We’re available 24/7 to support you through every stage of the process, whether it’s through email, text, Facebook messenger, or any other means of communication that you prefer.