Disability/Personal Injury

3 Things You Can Do If You’re Denied Long-term Disability

When you pay into a long-term disability (LTD) insurance policy, you’re buying peace of mind. You know that if you get sick or injured, you will have your insurance benefits to fall back on. Unfortunately, insurance companies operate on a profit-seeking motive, and it is to their benefit to deny legitimate disability claims. We see insurance companies deny or cut off legitimate claims all the time. If this happens to you, don’t lose hope.

It is extremely important that you find out your rights as soon as you’ve received a denial for your long-term disability claim. Ultimately, there are three things you can do when your claim is denied: do nothing, do something, or do the right thing.

The 3 choices you have when your long-term disability claim is denied:

1) Accept the insurer’s decision

When your LTD claim is denied, it can feel like it will be impossible to overturn a giant insurance company’s decision. The overwhelming nature of the situation might lead to just doing nothing about it – but doing nothing is the worst thing you could do.

Most people don’t do anything about their disability denial because they just don’t know they have real options, even though they NEED their long-term disability benefits. It’s easy to think that insurance companies are large powerful institutions, and that you can’t fight back. This is not true. Sometimes you just need the right information to deal with this situation – and information is power.

Other times people do nothing because they’re paralyzed by fear. You don’t need to be afraid. The lies and the fear are holding you back from getting the compensation you deserve. The truth is that these insurance companies want you to feel powerless and give up, but you have a lot more power than you think.

2) Appeal the insurer’s denial

When you get your denial letter, it includes a paragraph at the bottom that explains your right to appeal the decision – usually within 30 days. But appeals are useless. You have about as much a chance of overturning a disability claim denial as you do of winning the lottery.

You need to understand that the appeals process is an internal process invented by the insurance company to create a hall of mirrors for you.  I’ve seen people go through these appeals processes who are denied again, and again. They will literally go through this process over and over. The appeals process can take years, and insurance companies are counting on this to run out the clock on your statute of limitations to file a claim.

The 2-Year Limitation Period

You have two years from your first denial to file a legal claim. After that, no lawyer can help you. You will not see a penny from your insurance company at that point. Do not appeal a denial, because you will only run out the clock on your opportunity to start a claim for full compensation of benefits.

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The most important choice you’ll ever make when it comes to your long-term disability denial:

3) Start a claim against the insurer and get your full compensation

Once you have the information you need, and you’re no longer compelled by fear, you can take the right action. You can be empowered by your choice to do the right thing – and the right thing is to start a legal claim against your insurer for the full compensation of benefits.

The legal process is very powerful. No one is above the law. Insurance companies know this. They know that your long-term disability policy is a contract that says if you are disabled and you can’t work, they have to pay you benefits.

If your doctor says you are disabled and you cannot work, the insurance company has to pay out your claim. Don’t believe the mirage your insurance company is putting up.

If you have a legitimate claim, it is possible to the compensation you need from your insurer. Once that happens, you can stop worrying and start to devote your energy to your health and recovery from your illness or injury.

You need to find a disability lawyer with experience handling long-term disability claim denials. They can look at your policy and your situation and tell you what your options are. A competent disability lawyer will stand up for your rights, and get you the compensation you are rightfully entitled to.

Has your long-term disability claim been denied?

We offer a 100% free review of your long-term disability case so that you can speak to an experienced disability lawyer and explain your situation, one-on-one. We’ll take the time to fully understand your disability, review your insurance policy and medical documentation, and tell you if you have a case.

Once we’re fighting for you, we’ll build a strategy and explain the relevant next steps. We will actively manage your case and make sure nothing falls through the cracks. We will paint the full picture of your disability for the insurance company, and we will make sure they understand that you are truly disabled. We will secure the compensation you are owed.

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Consult with Samfiru Tumarkin LLP. We are one of Canada's most experienced and trusted employment, labour and disability law firms. Take advantage of our years of experience and success in the courtroom and at the negotiating table.

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