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Navigating a long term disability claim can be a complex and frustrating process. Whether you’re applying for long term disability benefits through your disability insurance or dealing with an insurance company that denies your claim, knowing when to contact a long term disability lawyer can be critical to your financial future.
The long term disability insurance benefits claim process has strict rules, deadlines, and medical evidence requirements. Insurance companies often use complex tactics to deny or reduce disability benefits, making it difficult for most disability claimants to receive the support they deserve.
Having an experienced disability lawyer handle your case ensures you understand your benefit rights and can effectively refute the insurance company’s position. If you have a claim denial, medical record problems, or are unclear about how to navigate the appeals process, it’s time to see an attorney.
It’s also important to understand when to hire a long term disability attorney in order to maximize your chances of having a favourable claim and protecting your economic lifeline.
It may be worth it to consult an attorney if:
One of the most common reasons to seek legal services is a claim denial. Insurance companies may deny your long term disability benefits on the basis of alleged inadequate or inconsistent medical information, policy technicalities, or the subjective opinion that you are “not totally disabled.”
A skilled long term disability lawyer will review your insurer’s denial notice, examine your policy and medical records, and build a plan of action to file an appeal. In other cases, a long term disability lawsuit must be filed to recover the benefits you’re owed.
Even before it’s actually denied, warning signs such as delayed responses from your insurer, continuous requests for voluminous documentation, or sudden requests for independent medical exams (IMEs) can cause you to worry that your claim is at risk.
Early legal representation may help you formulate a stronger disability insurance claim and steer clear of pitfalls that will lead to denial. Your lawyer may also advise you regarding what evidence and expert witness testimony needs to be furnished in order to optimize your approval possibilities.
From time to time, insurers dispute the seriousness of your medical condition or argue that you don’t meet the definition of disabled based on your long term disability insurance policy definition of disability.
This can happen when the insurer applies a more restrictive definition of “totally disabled” or switches to an own occupation definition to a more restrictive definition.
When your claim is disputed, a disability attorney ensures that your medical condition and functional limitations are best represented, with expert opinions from treating physicians and occupational therapists to substantiate your claim.
Most long term disability policies have a rider that changes the definition of disability after a stated time frame, most typically after 24 months, from an inability to perform your “own occupation” to any occupation that you are reasonably suited for.
The change can lead to abrupt claim denials when you are deemed capable of performing other work. If you are at this critical crossroads, it is critical to utilize the help of a long term disability lawyer who can help you develop your case, have your record reflect ongoing limitations, and fight for continued benefits.
The insurers will typically request independent medical exams (IMEs) to assess your condition. Though the exams may be routine, they can be used to discredit the claim.
A lawyer can educate you about your rights when it comes to IMEs, guide you through preparation for the examination, and make the evaluation fair and unbiased.
Your attorney can also get the case reviewed by independent medical professionals in the event that the findings of the insurer’s physician are not positive.
Returning to work following a period of disability is a significant adjustment. An attorney who handles long term disability can guide you through the implications of returning to work on your LTD benefits.
They can negotiate gradual return-to-work plans or vocational rehabilitation programs to protect your benefits during the transition. Understanding the impact of work on your insurance benefits prevents unintentional loss of coverage or financial hardship.
Dealing directly with insurance companies can be intimidating. Your long term disability attorney represents you, handling all contact with the insurer, obtaining and preparing your medical reports, and ensuring your claim is filed properly.
Representation can actually help in getting approved and reduce the stress of navigating complex legal and medical documentation.
If you or a loved one are battling a long term disability claim, don’t face it by yourself. Filing a disability claim can be overwhelming, especially with complicated insurance policies, mounting medical records, and an insurer who doesn’t want to pay your rightful disability benefits.
With Grillo Law, our veteran Ontario disability attorneys have the expertise and success rate to assist you through every step of the claim process. We recognize the value of receiving timely and comprehensive legal help in getting the financial safety net you deserve.
Whether your LTD claim is at its beginning stage, has been illegally denied, or you are facing a difficult appeals process, we provide individualized representation to your specific situation.
Our lawyers advise closely with credible medical specialists, occupational therapists, and other healthcare specialists to assist in bolstering your case with concrete evidence.
We offer a free consultation to review your claim and clarify your rights, benefits, and options. We may be able to relieve some of the pressure of navigating an overwhelming system and enable you to focus on your health and recovery.
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You will not pay any fees until your case is won or settled.
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