Summerside Long-Term Disability Lawyers Will Get You The Benefits You Deserve
Are You Aware of the Tricky Tactics Used by Insurance Companies to Reduce Disability Benefits for Disabled People Across PEI?
In Summerside, Prince Edward Island, insurance companies are increasingly using sneaky tactics to deny, delay or reduce disability benefits for those who suffer from injuries. They go to great lengths to prove that your injury or disabling condition existed before the accident, denying you rightful compensation.
NOVA Injury Law is here to help you get the compensation you deserve. Our team of Summerside long term disability lawyers 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 also 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 and disabling conditions from the moment your Free Case Review starts. For many of our clients, this happens before they have even gone off work or submitted or appealed a disability claim.
- Depending on 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 has denied or cutting off a client’s long term disability benefits.
Our approach to building and winning long term disability claims for people in Summerside is built around detail and support, every step of the way. 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 disability 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:
Disabling medical condition take different forms but have Long term impacts
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 on Prince Edward Island 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.
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 physical 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 experienced team will evaluate your case, provide you with vital information on the factors that qualify you for compensation claims, and discuss critical next steps.
Sometimes long-term disability benefits are denied
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.
- 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 some 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 ‘total 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 on Prince Edward Island, and certain policies have different disability classifications.
- Insufficient objective proof: Missing medical records and documentation, a lack of expert evidence, 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. 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 term “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.
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. They will consider the test for disability at each stage. For the insurance company, the ideal scenerio is one where they can justify (and have the claimant accept) a denial early on in the process.
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 benefit because they can’t do their job for much longer.
- The insurance company has rejected the disabled worker’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.
- Plan a customized strategy gather supportive 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.
- Action evidence gathering to prove 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.
- Advocate for our client by demonstrating why the insurance company made the wrong decision and why reinstatement or a settlement is the only fair option.
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 cut-off at the change of definition, or earlier, we review the reason for the disability benefit 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 at once 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 long term disability insurance case?
Insurance companies are often motivated by profits and likely have a financial interest in minimizing the amount paid out in disability insurance claims. This means they may use different strategies to deny or delay claims, like requesting extensive documentation or disputing the severity of your injury or disabling condition.
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.
NOVA Injury Law understands how important financial security is for a person with a long term disability
We believe that justice should be accessible to everyone, regardless of their financial situation. That’s why we offer Islanders our 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.
For more information, take advantage of our Free Case Review, or reach out to us on 1-800-262-8104. Our team is part of the Summerside community, and our founder Jeff Mitchell is a member of the Prince Edward Island Law Society. We’re available 24/7 to support you through every stage of the disability claim process, whether it’s through call, email, text, Facebook messenger, or any other means of communication that you prefer.