Cut off or Denied Long Term Disability Benefits?
We fight for the rights of disabled workers who need help getting long term disability benefits.
Insurance exists as a safety net for the worst case scenario. It is meant to provide you with financial security in the short term while you recover, and for the long term if you remain disabled. If all people with a valid claim were paid benefits owed to them, there would be no need for plaintiff disability lawyers. As you may suspect, we assist disability client's on a consistent basis.
Disability policies take many shapes and sizes, but the core feature of most policies considers the extent of your disability. A Short-Term Disability benefits may exist through a group plan through your work, or via a private plan. Short-term policies are meant to provide a bridge to your recovery. Long-Term Disability insurance generally activates after the expiry of the short-term disability period.
The vast majority of our work starts because of two events which occur all too often:
- the injured person's application for benefits is rejected by the insurance company, or
- the injured person's benefits are cut-off.
Disability law is complex. Policy wording is complicated, and the requirements for accessing the benefits are often lengthy. Sometimes, an application is rejected simply because an insufficient amount of medical information was provided. In other cases, the application form was simply incomplete.
The second event occurs at the so-called 'change of definition' date. Many policies have a definition change clause within the terms of the policy, allowing the insurer to end monthly benefit payments to an injured person if they are found to not have a disability severe enough for benefits. Commonly, the definition of benefits changes from an 'own-occupation' standard to an 'any-occupation' standard. In short, if you can do some job that you would be reasonably able and qualified to do, the insurance company will terminate benefits.
Benefit cut-offs are often unfair. Decisions are generally made by medical consultants working for the insurance company. Appeals are possible, but the review will be done by the insurance company.
Our work begins with an assessment of your medical file. Following a detailed review of your health and the insurance policy, we develop a strategy to demonstrate your level of disability to the insurer. A properly developed claim will result in one of three main possibilities:
- Your health has improved such that you are able to work.
- Your benefits are reactivated - you return to being "on claim".
- You receive a lump-sum payment to give up your policy.
Enforcing your contractual benefits is often challenging and discouraging. We help take this burden from our clients through our management of your claim. We are committed to fighting for your health and recovery.
We encourage you to speak to us about your disability benefits claim. We will review the policy with you and provide our opinion on your likelihood of success. We look forward to your call.
Get Answers Today
Contact Us Now!
Want more information? Jeff Mitchell wrote the book on disability benefits: The Must-Read Guide to Winning Disability Insurance Claims. CLICK HERE to get your FREE copy.