What Does a Long-Term Disability Lawyer Do?
Experienced Hamilton Auto Accident Law Firm
What Does a Long-Term Disability Lawyer Do?
Long-term disability law is an area of law that exists to help people who become unable to work as a result of a disability. As the Canadian Treasury Board explains: “Long-term disability insurance benefits under the Public Service Management Insurance Plan (PSMIP-LTD) are provided to eligible employees of the public service, including eligible members of certain designated groups, who become totally disabled and are unable to work.”
Whether it’s a sudden injury or a degenerative process, a disability can leave you with no way of making income and unable to pay your living expenses. That’s a scary position to be in. For most people, much hope can be found in their disability insurance policies, which can help them move forward. However, though making an insurance claim can appear straightforward, the process can quickly become complex and difficult to navigate on your own.
What Are Some of the Tasks of a Long-Term Disability Lawyer?
A long-term disability lawyer can help with some of the most important tasks involved in securing your benefits–particularly if your claim has been denied by the insurance company. For example:
- They can help ascertain the benefits you should have received from the insurance company. Any insurance policy can be difficult to read and decipher, often confusing policyholders regarding the benefits to which they are entitled. A knowledgeable long-term disability lawyer can help you understand the limits of your policy, and the regulations and deadlines by which you must file your claim against the insurance company if you have been denied. They can discuss your legal rights and options and explain the process of recovering compensation by filing suit against the insurer that has denied your claim.
- They can put together objective evidence to strengthen your claim. Hard data, such as x-rays, lab results, MRIs, or other medical tests can be very significant in order to support a physical or mental health diagnosis. In fact, some insurers have been known to deny long-term disability claims based on the lack of such objective evidence, even when the policy doesn’t specifically require you to provide it. An experienced disability lawyer can help gather and put together the evidence needed to file a strong claim and back it up.
- They can file your claim within the appropriate venue and by the applicable deadline. In the event that your initial claim is denied by the insurer, you will probably want to file a claim against them, rather than attempt to appeal your claim internally–an internal appeal of a long-term disability decision is rarely successful. There are several different tests to determine eligibility for long-term disability, and it may be difficult to understand how your policy sets benefits. Your lawyer can help calculate the exact amount and duration of payments to which you may be entitled.
- They can handle communications with others and keep track of important documents and deadlines. For example, you will need documentation from your doctor regarding the extent and severity of your injuries, as well as the potential ways in which your injuries have prevented you from being able to work. Moreover, you’ll need to communicate with your insurance carrier throughout the process. An experienced long-term disability lawyer can help keep the lines of communication open and ensure that important information is not lost in the shuffle.
- They can negotiate with the insurance company on your behalf. Remember that big insurance companies have deep pockets and teams of lawyers, which can make it difficult for a layperson to negotiate. It pays to have someone representing you who has a deep understanding of the law and insurers’ legal tactics — not to mention, you’ll be able to focus on your recovery and adjustments to your life, rather than focusing on the complexity of the legal process.
- If your claim is denied, they can help with the next steps in the process. There are many reasons a claim may be denied: lack of objective evidence, lack of medical treatment, pre-existing conditions, and changes in your plan’s definition of disability are just some examples. Should you have to face a denial, an experienced lawyer can help you through the process of going up against the insurer, which can be long and arduous. They can ensure that you continue to receive the medical care you need.
How Can Derek Wilson Personal Injury Law Help with Your Long-Term Disability Claim?
Insurance companies and long-term disability policies in Canada can be complex to navigate on your own, which is why my team is prepared to take all reasonable steps to proceed with your claim and get you fair compensation. We are passionate legal professionals and have assisted many individuals across Ontario in recovering fair settlements.
My firm focuses only on personal injuries and represents clients with long-term disability claims. If you’ve been denied by an insurance company, we will help with the process of disputing your denial and obtaining compensation. We provide fair and honest legal advice with a focus to help clients recover fair compensation with no up-front fees. Call us at 855-769-0418 or get in touch online to schedule a free consultation.