Long-term disability denied in British Columbia: Your rights

Long-term disability (LTD) benefits in British Columbia play a crucial role if you can’t work because of an illness or injury. It’s a type of insurance that provides you with the financial support you need when you’re unable to generate income for you or your family.

For many people, it’s comforting to know that they will be able to pay bills and put food on the table while focusing on their recovery.

However, it’s not uncommon for insurance companies in the province to deny legitimate LTD claims, which can lead to serious financial and mental distress for claimants.

If your insurer turns down your legitimate LTD claim, don’t lose hope.

An experienced disability lawyer at Samfiru Tumarkin LLP can help you review your legal options.

WATCH: Disability lawyer Sivan Tumarkin explains three things claimants should do when their LTD claim is denied on an episode of the Disability Law Show.

Common reasons LTD claims are denied in B.C.

Long-term disability insurance companies in B.C. are constantly looking for ways to deny long-term disability claims.

By not providing you with benefits, they are able to increase their bottom line.

Some of the most common reasons insurers will use to deny claims include arguing that:

• You filed your LTD claim or appeal late
• You aren’t “totally disabled”
• You didn’t provide enough medical evidence
• You aren’t following an appropriate treatment plan or adhering to treatment recommendations
• You have a pre-existing condition

If your insurance provider identifies one or more reason to turn down your LTD claim, don’t lose hope. You have a right to ask questions and learn more about their decision.

An experienced disability lawyer at Samfiru Tumarkin LLP knows the right questions to ask, and how to determine if the insurance company has made mistakes when denying your claim.

If my insurer denies my claim, should I get the decision in writing?

It’s very important that you ask your insurance company for a denial letter. This document will explain why your LTD claim was turned down.

It should also cover:

• Steps to take when appealing the decision
• The two-year time limit within which you can pursue a claim for compensation

Instead of sending you a denial letter, some insurance companies will try to tell you over the phone why you were denied or cut off disability benefits.

If this happens to you, don’t let your insurer end the call before confirming that they will also provide you with their decision in writing.

Once you receive the denial letter, gather any other relevant documents (i.e. your policy, application forms, etc.) and contact an experienced B.C. disability lawyer at Samfiru Tumarkin LLP.

We can review your situation, identify the mistakes made by the insurer while handling your LTD claim, and help you secure the compensation you deserve.

LEARN MORE
• Disability Law Show: Mistakes people make when denied LTD
• Invisible illness and long-term disability claims: Your rights
• Disability in the workplace: Rights for employees

Should I get supporting medical information from my doctor before filing my claim?

Yes. If your doctor says you can’t work because of your illness or injury, you should qualify for long-term disability benefits in British Columbia.

However, even with supporting information from a medical professional, some insurance companies will still attempt to get out of paying you disability benefits.

Arguing that claimants aren’t following the proper treatment for their disability is a common excuse used by insurers to turn down or prematurely close LTD claims.

• Example: A man worked for a furniture company in Vancouver for 11 years. He severely hurt his back while delivering a sofa to a customer. His doctor told him that he couldn’t work until his condition improved. After being on long-term disability for nearly two years, he was notified by his insurance company that his disability benefits had been cut off because he was seeing a massage therapist for treatment instead of a physiotherapist.

You should also ask your doctor to provide you with referrals to as many treatment providers and specialists as possible. The more medical documentation you can provide, the higher the likelihood that your LTD claim will be approved.

SEE ALSO
• Doctor and Treating Health Professional Reports
• Disability Law Show: Common LTD insurance tactics

If my long-term disability claim is denied, should I appeal?

If your LTD claim is denied in British Columbia, you are better off filing a legal claim instead of appealing.

The appeals process is typically handled by the same insurance company that refused to provide you with disability benefits in the first place.

There is no limit on the amount of times you can appeal. Insurers use the appeals process to run out the clock on your ability to file a legal claim to get the compensation you are owed.

Once your LTD claim has been denied, you have a two-year window, or limitation period, to take legal action.

Once the two years are up, the insurance company doesn’t have to pay your disability benefits and you can’t file a legal claim.

SEE ALSO
• Disability Law Show: Why you shouldn’t appeal a denied LTD claim
• Disability lawyer discusses Ontario woman’s life insurance denial
• Sun Life reinstates long-term disability coverage after legal action

I already appealed, what should I do now?

If you appealed the insurance company’s decision to turn down your long-term disability claim, and were unsuccessful, you may still have options.

As long as it hasn’t been two years since your LTD claim was denied, an experienced B.C. disability lawyer at Samfiru Tumarkin LLP can review your situation and help you secure the compensation that you are entitled to.

Your top priority should be your health and recovery. Once we are formally hired to represent you, we will communicate with the insurer on your behalf.

How we can help

If your long-term disability claim is denied in British Columbia, or you are cut off from your disability benefits, contact the experienced disability law team at Samfiru Tumarkin LLP.

We know the law and regularly resolve LTD, life insurance, and mortgage insurance claim denials.

Several of our lawyers previously worked for insurers, which means we know how they operate, why they make certain decisions, and how to enforce your rights.

We have helped thousands of clients, including Julie Austin and Sandra Bullock, hold insurance companies accountable after their claims were denied or cut off prematurely.

Our B.C. disability lawyers provide free consultations and we don’t get paid unless we secure the compensation that you are legally entitled to.