Wrongfully Denied Disability Lawyer: What To Do
Residents of Canada have multiple options for seeking long-term disability benefits. However, many disability benefit applications are denied for a variety of reasons. The good news is that an initial denial of benefits is not the end of the road if you have been wrongfully denied the benefits you need.
A 2019 TD Economics study concluded that one in five Canadians reported living with a disability in 2017 — that’s nearly 6.2 million individuals. Being wrongfully denied disability doesn’t just impact those with disabilities, but also their family members, who may have to help financially while a denial is disputed or a case settled.
Why Was My Claim Denied?
When it comes to reasons why a disability benefits application might be denied, there are a multitude of possible explanations. Four of the most common reasons are:
- Insufficient medical documentation was presented. Undoubtedly one of the most common reasons disability benefits applications are denied is that applicants simply fail to include enough supporting medical documentation proving their disability. A denial letter that is based on this reasoning can be intimidating because it may include a number of specific details, and addressing them can feel overwhelming to people dealing with a new disabling condition. Do not think that because you received a lengthy letter you do not have appeal rights, although keep in mind that appeals are handled internally and are thus not very likely to succeed.
- Applicants are not totally disabled. Many insurance companies will claim that benefit applicants appear to be well enough to return to work and thus, are not disabled. A long-term disability is defined as an inability to return to your regular profession or any similar line of work. People whose health appears good enough to return to work are not likely to receive disability benefits. This is where having the right kind of medical documentation can make all the difference.
- Surveillance proves a lack of disability. Many insurance companies are willing to invest in private investigators to detail how benefit applicants conduct themselves in their everyday life. If an investigator uncovers certain details that show a lack of disability, the insurance company may use that as a reason for a denial of benefits. Some activities allegedly indicating a lack of disability, however, may include things like walking a dog, which some people may have no choice but to do, despite pain or functional limitations.
- Doctors determined that you are not disabled. Even when your own doctor concludes that you are disabled, the insurance company’s own hired physician may conclude differently. This is not surprising because it is essentially the conclusion they are paid to draw. Keep in mind that the insurance company’s hired doctor presumably spent much less time with you than your own doctor did, so you could have a strong case on that aspect alone.
How Can an Experienced Disability Lawyer Help?
If you are denied disability, you have the right to appeal the decision. However, it’s likely that the appeal process is nothing more than an employee of the same company that is trying to maximize profits by minimizing payouts will review a decision about your case that a colleague made. While it’s difficult to say with any certainty what percentage of disability appeals are approved, such internal processes may not result in very fair decision-making.
If you are denied disability, you will want to:
- Review all deadlines relating to your disability claim. Your denial letter from the insurance company should contain this information. Make note of any impending deadlines on your calendar so you stay aware of them.
- Collect all documentation relating to your disability. This should include medical records that support your claim, any prior communication with the insurer, documentation from an employer stating that you’re unable to work with or without accommodations, etc.
- Get your doctor to confirm your disability. Even if you already have documentation from a doctor confirming your disability, it’s not a bad idea to seek additional documentation that you can use as ammunition to fight the denial.
- Hire a long-term disability lawyer as soon as possible. This is a crucial next step, as an experienced lawyer will know how to get you the best resolution and can begin working on it swiftly, so you’re not without benefits a moment longer than you have to be. When you consult with a lawyer, you’ll want to have all the documentation related to your case handy so they can review it quickly.
You may be asking yourself: “What happens if my disability appeal is denied?” It is often in your best interest to quickly contact an experienced long-term disability lawyer. There are deadlines to be aware of when dealing with a disability denial. An experienced lawyer can take action on your behalf before any applicable deadlines run out.
A lawyer will also be able to assess why your disability insurance claim ended in a denial, gather supporting information or evidence, communicate with the insurer to clear up any misunderstandings, and identify how a claim denial was wrongful, possibly leading to a swift settlement.
When you are dealing with a wrongfully denied disability claim, Derek Wilson Personal Injury Lawyer can help you achieve the most favorable outcome. Derek Wilson has been practicing in personal injury and insurance litigation since 1995, and has experience on both sides of the law, since he began his career by working for insurance companies. This unique perspective gives him insights that not all lawyers can offer. He can anticipate how an insurance company is going to act, giving him an edge in responding. Perhaps best of all, Derek Wilson does not charge you anything until he has successfully recovered money on your behalf.
Derek Wilson Personal Injury Law serves much of the greater Ontario area. He has helped clients in Mississauga, Milton, Burlington, Lincoln, Oakville, Brampton, Welland, Grimsby, Niagara Falls, Stoney Creek, Cambridge, Brantford, St. Catharines, Kitchener, Guelph, and Hamilton. What’s more, when you choose Derek Wilson Personal Injury Law, he will be the only lawyer you deal with, and he keeps his caseload manageable so he can give each client his best.
Call 289-274-9567 or toll-free at 1-855-769-0418, or fill out an online contact form to schedule your own meeting with Derek Wilson.
