Dunnville Disability Lawyer

If you have been injured or become so ill that you can’t work, the impact on your finances can be severe. A disability insurance plan through your workplace or a private plan can bring you peace of mind and can provide much-needed money to pay the bills.

Of course, being denied the benefits you need can make you feel more vulnerable. Frightened, even. In this situation, my law firm, Derek Wilson Injury and Disability Law, is here to get you results. I started my law firm after working for a Toronto law firm defending insurance companies. After seeing how they denied and minimized claims, I wanted to make a difference in the lives of those who had been injured and who had rightful claims, so I decided to focus my law firm on disability claims and personal injury only.

If you have been denied disability benefits and need a Dunnville disability lawyer, contact me, and let’s discuss how we may be able to get you the benefits you deserve.

What a Disability Lawyer Does

What services can Derek Wilson Injury and Disability Law offer? If you’ve been denied benefits or if your disability benefits have been cut off, there are several things we can do:

• Address your worries. When you first get a denial letter or see your insurance company trying to force you back to work, it’s normal to have questions and even to feel fear. When you talk to me in a free consultation, I’ll take away some of that burden by addressing your questions and explaining why your claim may have been denied.
• Explain what your options are. When you contact me for a free consultation, we’ll go over your denial letter together, and I’ll explain the difference between an internal review (which usually doesn’t work), filing a lawsuit, and other possibilities. I will give you an honest assessment of what I think is most likely to get you the money you need to pay your bills, and I’ll explain what we can do.
• Negotiate for you. Working with my law firm means you work with me, not a junior partner. I will tackle the details of your case, from getting medical evidence to show your disability to contacting doctors and the insurance company. I free you to focus on your medical treatment.
• Fight — very aggressively — to get your benefits. As far as I’m concerned, when we work together, I have one job: to get you results. Period. I put my more than 30 years of experience in court, at the negotiation table, and in practice, towards getting you the best outcome possible in your case.
• Keep you up to date. With me, you will never be in the dark about what is happening. I’ll let you know when a settlement offer is made and when any significant progress is made in your case. If you ever have questions, I’m easy to reach, and I will answer your emails and phone calls promptly.

I have worked with many employees who have been denied their benefits, and I know that financial concerns are at the forefront of my mind in this situation. I don’t want to add to that, which is why I offer a free consultation. It’s also why I don’t ask for payments once you retain my law firm — until and unless I recover money on your behalf. If I do not recover money for you, there is no charge. In addition, I am transparent about my law firm’s fees and work hard to keep them fair.

Understanding Disability Law

Disability insurance is offered by insurance companies and sometimes by employers. You may pay into a private plan, or your employer may pay part of the premiums as part of a work benefit, but just like any insurance policy, there are premiums that have to be paid for the policy to remain in effect. Just like an insurance policy, disability insurance can vary widely depending on your insurer and specific policy.

In most cases, employees in Ontario have access to short-term and long-term disability benefits. Both replace part of your income if you can’t work due to a covered injury or illness. Short-term disability covers injuries and illnesses for a few months or for as long as a year. Long-term disability covers more serious conditions that can last for years. Some long-term disability benefits can even last until your retirement.

In addition to disability, your employer may offer paid time off and sick days. If your employer does not offer benefits, you may be eligible for government programs. Most workers in Ontario are also covered by workers’ compensation, which covers part of their income and medical costs not covered by OHIP. Unlike short-term and long-term disability benefits, workers’ compensation only covers injuries that happen on the job.

In many cases, when you’re injured or ill, you’ll be applying for short-term or long-term disability because these plans are most generous. They can cover mental illness, injuries you’ve sustained outside of work, post-surgery recovery, and more.

In many cases, you may not know how long it will take you to recover from a head injury or a cancer diagnosis, for example, so you will start with short-term disability and transition to long-term disability if needed.

Challenging Denied Disability Benefits

Even if you apply for disability benefits and have a covered illness or medical condition, your claim may be denied. It doesn’t mean you’re not eligible, however. The insurance company may have made a mistake, or there may be an error in your application or another issue that can be resolved.

No matter why you have been denied benefits, don’t assume the insurance company is right. Contact a Dunnville disability lawyer to find out whether you may be eligible for benefits or a legal claim against the insurance company. There may be multiple options available to you.

Eligibility for Long-Term Disability Benefits

To be eligible for long-term disability, you need to have a policy in place, and your condition must not be excluded from the policy. In general, long-term disability covers a wide range of medical conditions, including chronic illness, injuries from accidents, hereditary conditions, mental health diagnoses, and more.

Insurance companies outline the eligibility requirements in your policy. You may be subject to an “own occupation” test, meaning you are considered disabled if you can’t perform the core duties of your own job. Even if you can do another job, you may still be eligible for benefits.

If your policy defines disability by an “any occupation” test, you’re only considered disabled if you can’t perform any modified job duties or can’t take on another job you may be qualified for. If you can take a desk job while you’re injured, for example, you may be denied benefits.

Some policies also define disability by how many of your tasks you can’t do because of your condition. For example, if you can’t perform 60% of your core work tasks (or whatever percentage is outlined in your policy), then you are considered disabled. This is known as the “percentage test.”

Common Reasons for Denied Claims

There are many reasons why you may be denied disability benefits, but the most common ones include the following:

• Lack of medical evidence of your condition. In many cases, it’s not just a lack of evidence of your diagnosis. Insufficient proof as to how the condition impacts your ability to work also leads to a denial.
• Changing definitions. In most long-term disability policies that define disability with the “own occupation” test, insurers change the definition after a set amount of time (usually two years). If you can return to some work duties after two years, you may find yourself pressured to return to work.
• Incorrectly filed applications. Insurance companies can deny your claim for missed deadlines and even simple mistakes.

When your disability claim is denied, the insurance company can make it seem like their decision is final, but it rarely is. Consult with a Dunnville disability lawyer to find out how you can get the benefits you need.

The Benefits of Hiring a Disability Lawyer

There are a few key advantages to working with a disability lawyer. The first is that you have someone with extensive experience in disability insurance law helping you, so you’re not on your own. In turn, this can increase the chances you will get your benefits or get a settlement since your lawyer knows what to do in these cases.

Another big benefit of working with a Dunnville disability lawyer is that it takes the pressure off you. Trying to get your doctor to submit additional medical information or answering the letters, emails, and phone calls from the insurance company can be stressful and time-consuming. When you work with a lawyer, your disability lawyer takes care of communication with other parties. This leaves you free to focus on your health.

How a Disability Lawyer Can Help

Insurance companies may try several tactics to keep payouts low. One common strategy is to suggest an internal appeals process. In your denial letter, the insurance company may suggest an internal appeal, which can sound reasonable — until you realize that the insurance company has already made up its mind about your case.

When you go through the internal appeal, you lose a lot of time and usually end up with a denial all over again. By the time it’s all over, you may have lost the opportunity to file a lawsuit, too. This is important because a lawsuit puts your case before a court that hasn’t made up its mind about your case and may come to a very different conclusion.

Your lawyer can protect you from this very common (and very expensive) mistake by explaining all your options after a denial and by reviewing which solutions give you the best chance of success. Once you decide on the best option for you, your lawyer will represent you, filing a claim, negotiating with the insurance company, talking to other parties in the case, and otherwise taking the steps needed to get you your benefits.

Compensation Options

When you are denied disability benefits, you will look for ways to get compensation for all the benefits you should have received. Your Dunnville disability lawyer will carefully evaluate how much you should have received in benefits based on your medical condition, policy, and your pre-injury or pre-illness income.

In many cases, filing a claim against the insurance company is a strong strategy to get you compensation. Your lawyer will try to reach a settlement before the case goes before the court, working to secure a sum that covers your bills.

Serving Dunnville and Beyond

From our offices in Hamilton, Ontario, my team at Derek Wilson Injury and Disability Law is proud to serve Dunnville, Byng, Caledonia, Ancaster, and beyond. We’re always just a short drive or quick phone call away, so we’re there for you when you need us.

Working with a local lawyer makes a difference. I know the insurance companies working in the area and have defended other hard-working Ontarians against those companies before.

Contact Us for a Free Consultation

When you work with my law firm, you work with me. I don’t pass on your case to juniors because I want you to have the advantage of my more than 30 years of experience. You also don’t pay until I have recovered money on your behalf.

When I first started my legal career, I worked at a Toronto law firm, defending insurance companies. That was an eye-opening experience for me, seeing how companies strategized to deny claims. When I started my own law firm in 2013, I committed to using those early experiences to help Ontarians who have been hurt. Today, I only focus on personal injury cases and disability claim denials.

Contact me today if your disability claim is denied or your benefits are at risk of being cut off. I will give you my honest views about what you can do next.