A long-term disability claim can be denied for a number of reasons – like not providing the required paperwork, for example. Obtaining an approval requires information from your employer, doctor, and yourself, so a lot of claims are denied because of improper submission.
If the insurance company determines you have a preexisting medical condition or that your impairment does not meet the functional test for disability, it may issue a benefits denial. If you have experienced a long-term disability benefits denial, call a Barrie lawyer as soon as possible for qualified legal assistance with obtaining the compensation you’re entitled to.
Improperly applying for long-term disability benefits will result in a denial from the insurance company – unless the situation involves fraud, which is pretty rare and does not have a lot of applicability to this area. If you applied for benefits and the insurance company determines that you do not qualify, they will simply reject your claim for benefits.
There is usually an internal appeal process that the insurance company has. In most lawyers’ experience, those appeal process systems tend to be unsuccessful, but it is an option. Alternatively, you can hire a lawyer, and they can commence litigation in the Ontario Superior Court to collect benefits on your behalf.
Any type of pre-existing injury or condition can cause a denial, depending on the working clause. For example, rejected claims for long-term disability can result from pre-existing diseases such as cancer, diabetes, and HIV or even mental health conditions like bipolar disorder and PTSD.
Injuries sustained in a motor vehicle accident or from any other kind of trauma or assault may also disqualify someone from obtaining benefits. Any medical condition that you have when you begin working or when you take a policy out can become the basis for a pre-existing condition and cause a claim denial.
The rights that you have are going to follow the contract and law. Generally, you do not have rights, you have options. Your options are usually either to accept the denial or to litigate the denial in the courts or elsewhere. You should let one of our skilled lawyers help you determine the best path in your situation.
A lawyer can advocate for you by getting the evidence that is necessary to win the case. If your denial is based on insufficient evidence, a member of our steadfast legal team may be able to gather the medical and vocational evidence necessary to convince the insurance company to approve your claim for long-term disability benefits. A Barrie lawyer could also retain medical and vocational experts to prove your case after a benefits denial. If all else fails, we can advocate for you in the courtroom or during trial.
Let one of our Rastin Trial Lawyers work to gather evidence and make a determination about whether they agree with the denial of benefits or whether they can marshal the evidence to convince the insurance company to change its mind.
If you were recently denied long-term disability benefits in Barrie on the basis of an improperly filed application, pre-existing medical conditions, ineligible impairment, or insufficient materials submitted, reach out to Rastin Gluckstein Lawyers today.