A sciatica disability lawyer can help if your short-term or long-term disability benefits have been denied, delayed or cut off.
An insurance company may accept that you have sciatic nerve pain but argue that your medical evidence does not prove you are unable to work. It may claim that treatment should resolve your symptoms or that you can perform sedentary or remote employment.
The insurer should consider how pain, numbness, weakness and difficulty remaining in one position affect your ability to perform your job consistently.
Samfiru Tumarkin LLP represents people with denied and terminated disability claims throughout Canada, excluding Quebec.
On This Page:
- How a Lawyer Can Help
- When to Contact a Lawyer
- Why Sciatica Claims Are Denied
- Evidence for Your Claim
- What Happens Next?
- Frequently Asked Questions
How Can a Sciatica Disability Lawyer Help?
A disability lawyer can review your insurance policy, denial letter and medical evidence to determine why your claim was refused or terminated.
A lawyer may help by:
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Explaining the definition of disability in your policy
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Identifying weaknesses in the insurer’s decision
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Determining what medical or functional evidence is missing
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Showing how sciatica affects your actual job duties
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Responding to claims that you can perform sedentary work
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Communicating and negotiating directly with the insurer
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Starting legal action when appropriate
Connecting Your Symptoms to Your Occupation
The effect of sciatica depends partly on the work you perform.
Pain, numbness or weakness may prevent lifting, bending, driving or prolonged standing. Office work may become unsustainable if sitting aggravates your symptoms or you need to change position and take breaks throughout the day.
A lawyer can help show why your limitations prevent you from meeting the physical, attendance and productivity requirements of your occupation.
When Should You Contact a Sciatica Disability Lawyer?
Speak with a disability lawyer promptly if:
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Your short-term or long-term disability claim was denied
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Your benefits were approved and later cut off
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The insurer says your imaging does not support your symptoms
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You are being told to perform sedentary or remote work
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You are being pressured to return before your doctor believes you are ready
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Your benefits may end when the policy changes its definition of disability
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You are considering an internal appeal
You do not have to wait until every treatment has failed or your symptoms become permanent. Getting advice early can help you understand your policy, legal options and important deadlines.
Do You Have to Appeal to the Insurance Company?
An insurer may invite you to submit an internal appeal after denying or terminating your benefits.
An internal appeal is not always the best option. The same insurance company that denied the claim will review the appeal, and submitting similar evidence may produce the same result.
Speak with a disability lawyer before deciding whether to appeal or pursue another legal option.
Why Are Sciatica Disability Claims Denied?
An insurance company may deny a sciatica claim even when your doctor supports you being off work.
Common reasons include:
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Imaging does not appear severe enough to explain your pain
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Treatment is expected to improve your symptoms
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Your medical records do not clearly describe your work restrictions
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The insurer says you can perform sedentary or remote work
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Your daily activities are presented as proof that you can work
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The insurer overlooks medication side effects or related conditions
The Insurer Says Your Imaging Is Mild
An MRI or other test may identify a disc problem, spinal narrowing or nerve compression. However, imaging does not always measure the full effect of pain, weakness or numbness on your workday.
Your claim should explain your functional limitations, including how long you can sit, stand and walk and what happens when you repeat those activities.
The Insurer Says You Can Perform Sedentary Work
Sitting is often one of the activities most affected by sciatica. You may need to stand, stretch, walk, recline or lie down at unpredictable times.
The ability to sit during a short appointment does not necessarily prove that you can sustain sedentary work throughout a normal schedule.
The Insurer Says Treatment Should Allow You to Work
Medication, physiotherapy, injections or surgery may improve symptoms without restoring your ability to work consistently.
Your evidence should explain the limitations that remain despite following reasonable medical advice.
Your Benefits Are Cut Off After Two Years
Many LTD policies change their definition of disability after approximately two years.
The insurer may accept that you can’t return to your previous occupation but argue that you can perform another job.
It should consider whether the proposed occupation is genuinely suitable and whether you can perform it consistently given your positional restrictions, pain, education and work experience.
What Evidence Supports a Sciatica Disability Claim?
A diagnosis or imaging result is important, but it may not explain everything the insurer needs to know.
Helpful evidence may include:
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Medical records from your family doctor and specialists
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MRI, CT scan or other relevant test results
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Restrictions involving sitting, standing, walking, lifting and driving
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Your treatment history and medication side effects
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A detailed description of your job duties
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Workplace accommodation or unsuccessful return-to-work attempts
Describe Your Limitations Specifically
Your evidence should explain how long you can remain in one position, how far you can walk and how much recovery time you need after activity.
For example, being able to sit for 20 minutes does not mean you can work at a desk for several hours. Being able to drive to an appointment does not prove that you can drive throughout a normal shift.
Your claim should also address related conditions such as chronic back pain, disc disease, arthritis, depression or anxiety.
What Happens After You Contact a Sciatica Disability Lawyer?
During an initial consultation, a disability lawyer may ask about your symptoms, occupation, treatment and the insurer’s reasons for denying or ending your benefits.
The lawyer may review:
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Your denial or termination letter
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The definition of disability in your policy
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Your medical evidence and functional restrictions
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Your job duties and accommodation attempts
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Important dates and possible legal deadlines
The lawyer can then explain whether the insurer’s decision may be challenged and what evidence could strengthen your claim.
How Can a Sciatica Disability Claim Be Resolved?
Depending on the circumstances, a denied claim may be resolved through the reinstatement of monthly benefits, payment of benefits previously withheld or a negotiated settlement.
There is no standard settlement amount for sciatica. The outcome depends on the insurance policy, monthly benefit, medical evidence, age, prognosis and other circumstances.
Is There a Fee to Speak With a Disability Lawyer?
Samfiru Tumarkin LLP offers a free initial consultation for denied short-term and long-term disability claims.
There are no upfront legal fees. You only pay if we successfully resolve your disability claim.
Frequently Asked Questions About Sciatica Disability Lawyers
What does a sciatica disability lawyer do?
A disability lawyer reviews your policy, medical evidence and denial letter and helps challenge the insurer’s refusal to pay benefits.
When should you contact a disability lawyer?
Speak with a lawyer after your claim is denied or cut off, before filing an internal appeal, or if the insurer pressures you to return to work against medical advice.
Can a lawyer help before your benefits are cut off?
A lawyer may provide advice when the insurer requests additional information, questions your restrictions or warns that your benefits may end.
Can sciatica qualify for long-term disability?
Sciatica may qualify when pain, weakness, numbness or positional limitations prevent you from performing your occupation or another suitable occupation.
Do you have to appeal to the insurer first?
Not necessarily. An internal appeal is only one possible option. Speak with a disability lawyer before deciding how to challenge the denial.
How long do you have to challenge a disability denial?
Legal deadlines apply and can vary based on the province, policy and circumstances. Get legal advice promptly to protect your options.
Speak With a Sciatica Disability Lawyer
Living with persistent nerve pain is difficult enough. You should not have to fight an insurance company alone while managing pain, physical restrictions and financial uncertainty.
Samfiru Tumarkin LLP represents people with denied and terminated disability claims throughout Canada, excluding Quebec.
Some members of our legal team previously worked for insurance companies. We understand why sciatica claims are challenged and what evidence may be needed to dispute a denial.
For more information about eligibility and available benefits, read our guide to sciatica disability claims in Canada.
Contact us for a free consultation if your short-term or long-term disability claim has been denied or cut off.