Colborne Disability Lawyer

If you live in Colborne, Ontario, and can’t work because of an injury or illness, you may be eligible for disability benefits, including short-term and long-term benefits. In Ontario, these benefits are typically provided through an employer or a private plan. Even with the right coverage, though, many Ontarians face challenges when applying for disability benefits.

You rely on your disability benefits to pay for the essentials when you can’t work, so if you’re denied benefits or an insurance company tries to cut off the benefits you’ve been relying on, there’s a lot at stake. That’s why you don’t want to hesitate. Consult with a Colborne disability lawyer by contacting Derek Wilson Injury and Disability Law. If you’ve been denied or are having your benefits cut off, let’s talk about the options you may have to pursue your rightful benefits.

Understanding Disability Rights and Claims

To understand disability claims, you need to understand that there are two main types of disability benefits in Ontario: short-term disability (STD) and long-term disability (LTD). Short-term benefits are for conditions and illnesses from which you’re expected to recover. These benefits can last months or up to a year.

Long-term disability is for more severe conditions or even permanent conditions.

If you apply for either, it’s important to read your policy. Insurance varies widely between insurers and specific policies. Your policy will outline how much you can expect to get in benefits, how long benefits can last, which conditions are exempt, and what your rights and obligations are. You will also find detailed information about what you need to do to apply for benefits.

Dealing with Denied or Cut-Off Claims

Even if you follow the application instructions to the letter, it’s possible that your claim will be denied. If this happens to you, it’s important to understand that a denial doesn’t necessarily mean you’re ineligible for benefits. Insurers have their own processes and sometimes make mistakes, including overlooking important details.

Common mistakes and reasons for denial include insufficient documentation, miscommunication, small mistakes on your application, mistakes in your medical records, or an insurance company’s interpretation of the policy.

If you get a denial letter, read it carefully to understand the reason behind the decision. If the denial was based on insufficient medical evidence, for example, you may need additional documents, such as updated medical records or expert opinions. You may want to work with a disability lawyer to make sure your case is presented in detail and to ensure you have an experienced lawyer negotiating on your behalf.

If you feel that your insurer is prematurely cutting off your benefits, even though your doctor has recommended you wait to return to work, you may want to contact a Colborne disability lawyer to ensure you continue receiving your benefits.

The Benefits of Hiring a Disability Lawyer

There are several key advantages to working with a Colborne disability lawyer if you find your claim denied or your benefits cut off:

• Help with the legal process. Disability lawyers are familiar with the law and understand how insurers operate. They know what evidence is needed to support a claim. Their experience ensures that you don’t miss important deadlines or make costly mistakes.
• Support with medical evidence. One of the most common reasons for denied disability claims in Ontario is insufficient medical evidence. It can be especially hard to get medical evidence if you’re one of the millions of Canadians without a family doctor. Whether you’re relying on a walk-in clinic or have your own doctor, medical professionals may not be willing to hand medical records directly to you. A disability lawyer can secure medical records, expert opinions, diagnostic tests, and other evidence to build a strong case for your claim.
• Negotiating with insurers. Insurance companies are financially motivated to minimize payouts, and they work with their own teams of lawyers to delay and deny claims. A disability lawyer communicates with insurance representatives on your behalf. Lawyers make sure that insurers treat you fairly, and lawyers can also ensure you don’t inadvertently provide information that could harm your claim. This can reduce stress for you and leave you with more time to take care of your health.
• Increasing your chances of success. Some studies have concluded that those working with a disability lawyer are more likely to secure benefits than individuals who try to resolve a claim on their own. Lawyers simply know how to build a strong case because they have worked on hundreds or thousands of claims.

If you’ve received a denial letter but are not sure whether working with a Colborne lawyer is best for your claim, I invite you to contact my law firm, Derek Wilson Injury and Disability Law, for a free consultation. You have nothing to lose by speaking with me and getting my ideas about your claim based on my decades of experience with disability claims.

Choosing the Right Disability Lawyer

To get all the benefits of working with a disability lawyer, you need to choose the right Colborne disability lawyer. It’s important to find a lawyer with experience in disability claims. A lawyer who specializes in real estate or commercial litigation simply may not have the background you need.

Ideally, look for someone who understands insurance companies and their strategies. For example, early in my legal career and before I founded my law firm,

Derek Wilson Injury and Disability Law, I worked defending insurance companies with a boutique Toronto law firm. I worked with insurance companies every day and saw how they worked to minimize, deny, or delay claims. I also saw what strategies were effective against these insurers. Today, I can put that understanding to work on your claim.

In addition, look for a lawyer who is willing to go to court to get your rights. A lawyer with trial experience will not accept a low offer from an insurance company if that’s not the best strategy.

It’s also important to feel comfortable with your lawyer. Your lawyer should be someone who listens to your concerns, explains the legal process clearly, and works hard to ensure that you get the compensation you’re entitled to. Look for someone who offers a free initial consultation, like me, so you can get a sense of their approach.

The Role of a Disability Lawyer in Long-Term Disability Claims

It’s important to understand that long-term disability claims represent a significant expense for insurance companies because insurers may be paying you benefits for years. You can be sure an insurer will look closely at your claim and will deny you for any small error. If you are denied, the role of a disability lawyer is to get you the benefits you’re entitled to.

Another key role your disability lawyer can play happens if the insurance company cuts you off. This can happen with long-term disability benefits after about two years. After two years of getting benefits, the insurance company may want more medical evidence, may want to set you up with a rehab company, or may want to send you for vocational testing and training.

This is because at about the two-year mark, the eligibility for benefits changes. Before, you need to show that your illness or injury prevents you from performing your own job. After about two years, your benefits can be cut off if the insurance company finds you can perform other jobs.

At about the two-year mark, if your company suddenly gets in touch, wants to meet at your employer’s office, asks for more information, or tries to get you in touch with a company offering reskilling or other services, you may want to think about what disability lawyer you may want to work with. It may be premature to retain a lawyer, but you will at least want to speak with a Colborne disability lawyer so you’re ready in case your benefits are cut off.

The role of your disability lawyer is to seek to reinstate your benefits if they’re cut off. Your disability lawyer can also work to ensure you aren’t pressured to return to work before your doctor clears you to do so. This is especially important because a premature return to work can cause re-injury or complications to your condition.

Navigating the Appeals Process

When you’re denied benefits, insurance companies may explain they have an internal appeals process. In many cases, this may not be the best way to proceed unless you have something significantly new to offer in terms of evidence. In an internal appeal, it is someone from the same company reviewing the same claim. They are likely to reach the same conclusion: that your claim is denied.

Going through the appeals process also takes up valuable time that you could have spent filing a lawsuit against the insurer and having your lawyer negotiate with the insurance company — a strategy that may help you get your benefits.

Insurance Company Tactics and Strategies

One common tactic insurers use is delay. They drag their feet, causing long waits for approval and leaving you in a difficult financial situation while you’re unable to work. Insurers may cause delays by taking a long time to reply to you or not responding to your calls, making you wait.

Additionally, insurance companies may dispute the severity of your condition, claiming that you’re capable of working, even when your doctor says otherwise.

Insurers also often use complex legal language in their policy documents. This can make it difficult for you to understand the terms of your policy, which can make you unsure about what your rights are.

Building a Strong Disability Claim

Insurance companies will scrutinize your application, looking for any gaps or inconsistencies that may allow them to deny your claim. Building a strong case from the start is important to remove any reasons insurance companies may use to deny your claim.

One of the most important parts of a disability claim is medical evidence. Insurance companies often deny claims due to a lack of sufficient proof of your condition — and, crucially, the ways your condition affects your ability to do your job.

Your claim needs to include clear documentation from your healthcare provider detailing your diagnosis, prognosis, and how your disability affects your ability to perform your work duties. You will want to work closely with your doctor to make sure you get the tests and medical proof you need to support your claim.

This can be challenging if you don’t have a family doctor or if there is a long wait time to see a specialist or get a test. In these cases, it is important to see what medical professional you can and to at least get on the waitlist to see specialists or get tests. It shows you are working to secure the needed medical evidence.

Contact Us for a Free Consultation

If you have already received a denial letter, reach out to a Colborne disability lawyer by contacting Derek Wilson Injury and Disability Law. I founded this law firm because I wanted to help hard-working employees get their benefits. This mission is why I have purposely kept my firm small; it allows me to meet with you personally, answer your calls, and give your case the attention it deserves. I will never pass your case on to a junior lawyer. When you work with Derek Wilson Injury and Disability Law, you work with me.

I understand that you may not have worked with a disability lawyer before. I also understand you may have questions about the process, the costs, and what to expect. That’s why I offer a free consultation. If you’ve been denied benefits, reach out to me for a consultation where you can ask questions, find out more about disability claims, and learn more about what to expect. You risk nothing, and you find out what the benefits of working with Derek Wilson Injury and Disability Law could be for your claim.