Desjardins Long-term Disability Claim Denied in Manitoba: Your Rights

This resource explains what happens if Desjardins Insurance denies your long-term disability (LTD) claim in Manitoba, why they deny benefits, what action you can take to win your benefits and get compensation, and other facts about LTD denial by one of Canada’s largest insurance companies.

This resource is part of a larger guide to long-term disability claims with Desjardins.

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Can Desjardins deny my LTD claim?

If you are legitimately disabled and unable to work for an extended period of time, Desjardins Insurance cannot reject your claim for long-term disability benefits. Desjardins is obligated to pay you according to your policy if your treating physician (or physicians) provide documentation stating that you are unable to perform your duties due to an injury or illness.

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Why does Desjardins deny LTD claims?

Desjardins can deny your LTD claim for various reasons, which are typically as follows:

• They don’t believe that you are “totally disabled“
• They disagree with your doctor’s assessment
• There isn’t enough medical evidence to support your claim
• They think you can work in a different type of job
• Evidence obtained from surveillance indicates that you are capable of working
• You may have a pre-existing medical condition

It’s crucial to understand that when Desjardins provides a rationale for denying an LTD claim in Manitoba, it doesn’t mean that their reason is correct or valid. Insurance companies frequently make errors or misunderstand information, and their decisions may be founded on inadequate or incorrect information. Moreover, it’s in an insurance company’s best interest to refuse claims since it allows them to keep more money (at your expense) and increase overall profits for the company.

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What should I do if Desjardins denies my LTD claim?

If Desjardins denies your LTD claim in Manitoba, there are several essential steps you should take:

• Don’t panic. It’s natural to feel anxious or concerned when your claim is initially denied. However, bear in mind that a denial doesn’t necessarily mean you’re out of options.
• Get the denial in writing. Desjardins’ denial letter should outline the reasons for rejecting your claim and indicate what needs to be addressed.
• Collect medical information from your physician. Ensure that you have all pertinent medical documentation about your disability that supports your benefits request.
• Contact a long-term disability lawyer. You should talk to an Manitoba long-term disability lawyer at Samfiru Tumarkin LLP immediately for assistance. Our experienced team will offer you a free consultation to review your unique situation and the specifics of your denial, and assist you in understanding your rights. We can determine the best course of action as we work to win your benefits and secure proper compensation from Desjardins.

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Can I appeal Desjardins’ denial?

Yes, you can appeal Desjardins’ decision to deny your long-term disability claim in Manitoba.

The appeal process is an internal review conducted by the insurance company, not a third-party or governmental organization. In essence, you are requesting that Desjardins reevaluate their rationale for turning down your LTD benefits in the hope that they will reconsider.

• LEARN MORE: Appeals and long-term disability FAQ

However, based on our extensive experience representing thousands of clients across Canada, we have discovered that insurance companies seldom change their mind following an appeal. It’s in the insurer’s best interest to maintain their stance on your claim and continue to withhold LTD payments while you can’t work. Additionally, they may use the appeal process to erode the time you have to pursue legal action against them for compensation.

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Is there a better option than an appeal?

Although there is a possibility of obtaining your benefits through an appeal, there is a more favourable alternative available in Manitoba. You can file a legal claim through a long-term disability lawyer at Samfiru Tumarkin LLP.

How a disability lawyer can help

Dealing with a denial of long-term disability benefits can be an overwhelming experience. At Samfiru Tumarkin LLP, we understand the challenges that our clients face when their insurance company abandons them. Our adept LTD lawyers in Manitoba can provide many advantages to individuals who have been denied disability payments by Desjardins, including:

• Clarifying your rights: We will review the details of the denial and identify your best course of action. This way, you can make an informed decision on how to proceed and understand the benefits of filing a legal claim.
• Directly interacting with Desjardins: We alleviate your stress and anxiety by acting as your representative. Our team handles the entire process, including all communication with Desjardins. This means that instead of having to deal with numerous phone calls, emails, and insurance company tactics, you can focus on your recovery.
• Navigating the intricate legal system: Our lawyers have a wealth of experience in using the legal process promptly and efficiently to get results. Fighting for compensation and securing LTD benefits is our area of expertise.
• Understanding Desjardins’ thought process: Our disability lawyers formerly worked for large insurance companies. As such, we understand how they operate, what their strategies are, and how to outmaneuver them.

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How long do I have to file a legal claim against Desjardins in Manitoba?

In Manitoba, if Desjardins denies your request for LTD benefits, you have a maximum of two years to file a legal claim for compensation. If this deadline passes, you may lose the opportunity to use Canada’s legal system to obtain the money you are entitled to.

However, even if you believe that the two-year timeframe has elapsed, we advise you to contact our team promptly to determine whether you still have any legal recourse available.

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How long does it take to win an LTD denial?

The amount of time it takes to win your LTD claim against Desjardins in Manitoba can vary, as each case involves unique factors. These factors can determine how quickly your matter is resolved and when you can get compensation, and include:

• The kind of illness or injury you have
• How involved your doctors are
• The insurance company and their legal team
• Any delay tactics the insurance company uses to extend the process and frustrate you
• Complying with the insurer’s requests for information

That is why it is extremely important to talk to a disability lawyer at Samfiru Tumarkin LLP as soon as your LTD claim is denied. We will examine your situation at no cost and tell you if you should appeal the denial or file a legal claim for benefits and compensation. Our goal is to resolve your matter as quickly as possible so that you can access the financial support you need while your medical condition prevents you from working.

Rather than waiting potentially years for the process to play out with Desjardins, let us leverage our expertise and knowledge to help you. Samfiru Tumarkin LLP can speed up the process of obtaining the compensation you deserve after your LTD claim is denied.

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How much does it cost to fight an LTD denial in Manitoba?

Samfiru Tumarkin LLP operates on a contingency fee basis, meaning you won’t have to pay anything until your claim against Desjardins for LTD benefits or compensation is won. Our disability lawyers only receive payment upon the successful settlement of your case.

This approach allows individuals who may not have the financial means to hire a lawyer to obtain justice across Canada, including Manitoba. Our fees are transparent, comprising a percentage of the amount we recover on your behalf, along with disbursements, without any hidden charges.

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I just applied for LTD but feel I’m going to be denied

If you think there’s a chance that Desjardins may reject your claim for LTD benefits, don’t hesitate to contact our team for a consultation to find out how you can best prepare for the denial.

SEE ALSO
• Long-term disability FAQs
• Rights when denied LTD for mental health
• WATCH: Disability Law Show

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Desjardins LTD Denial Lawyers in Manitoba

If your LTD claim is denied by Desjardins Insurance in Manitoba, Samfiru Tumarkin LLP stands ready to help. Our team, including long-term disability lawyers for Manitoba, knows how to respond to the insurer.

While your health and wellbeing may not necessarily be in their best interest, it is our top priority. Before you walk away from your rights, call us for a free consultation to find out how our involvement can make a difference. We help individuals all across Canada (excluding Quebec) at all stages of their Desjardins LTD claim, including applying for benefits, looking at the appeal process and applying legal pressure to secure the money you need when you can’t work.

We’ve helped countless Canadians, like Sandra Bullock and Julie Austin, get the compensation they deserve after being turned away by their insurer. Call Canada’s most positively reviewed law firm at 1-855-821-5900, email Help@DisabilityRights.ca, or contact us online for a FREE consultation.