A Parkinson’s disease disability lawyer can help if your short-term disability, long-term disability or CPP Disability claim has been denied, delayed or cut off.
An insurance company may accept that you have Parkinson’s but still argue that your symptoms are mild, controlled by medication or compatible with another job.
The insurer should consider the complete effect of Parkinson’s on your movement, balance, energy, concentration, communication and ability to work consistently. It should not focus only on your diagnosis or how you appeared during a brief medical appointment.
The disability lawyers at Samfiru Tumarkin LLP represent people with denied or terminated disability claims throughout Canada, excluding Quebec.
On This Page:
- How a Disability Lawyer Can Help
- When to Contact a Lawyer
- Why Parkinson’s Claims Are Denied
- Building a Strong Claim
- What Happens After You Contact Us?
- Frequently Asked Questions
How Can a Parkinson’s Disease Disability Lawyer Help?
A Parkinson’s disease disability lawyer can review your insurance policy, denial letter and medical evidence to determine why benefits were refused or terminated.
Your 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 Parkinson’s affects your actual job duties
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Responding to claims that you can perform sedentary or remote work
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Communicating directly with the insurance company
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Starting a legal claim when appropriate
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Negotiating reinstatement, unpaid benefits or a settlement
A lawyer can also help ensure that the insurer considers less visible symptoms such as fatigue, slowed thinking, sleep disruption, depression and medication side effects.
Understanding Your Occupation
The effect of Parkinson’s depends partly on the work you perform.
For example, tremors or reduced hand control may prevent someone from using tools, typing accurately or completing detailed work. Balance problems or slowed reactions may make driving, climbing or operating equipment unsafe.
Fatigue, speech changes and difficulty concentrating may also prevent office, professional and customer-facing work.
When Should You Contact a Parkinson’s Disability Lawyer?
Speak with a disability lawyer as soon as possible 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 symptoms are mild or controlled
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The insurer says you can return to modified, sedentary or remote work
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Your benefits are scheduled to end after a change in the policy’s definition of disability
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You are being pressured to return to work before your doctor believes you are ready
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You have been asked to attend an insurer medical examination
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You are considering an internal appeal
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Your CPP Disability application or reconsideration was denied
You do not have to wait until your condition reaches an advanced stage. Early-stage Parkinson’s may still be disabling when its symptoms prevent you from performing your particular occupation safely and reliably.
Do You Need to Complete an Internal Appeal First?
An insurance company may invite you to submit an internal appeal after denying your claim.
You do not necessarily have to complete the insurer’s appeal process before taking legal action. The same insurance company that denied the original claim will also decide the appeal.
Appeals are rarely successful without meaningful new evidence. They may also delay legal action while important deadlines continue to run.
Why Are Parkinson’s Disease Disability Claims Denied?
An insurance company may deny a Parkinson’s disability claim even when your doctor supports you being off work.
Common denial reasons include:
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The insurer says your symptoms are not severe enough
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Medication appears to control your symptoms during part of the day
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Your medical records do not clearly explain your work restrictions
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You performed well during a brief medical examination
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The insurer believes 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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Fatigue, cognitive changes or other non-movement symptoms are overlooked
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Your symptoms fluctuate and are not consistently documented
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The insurer says you have not followed recommended treatment
The Insurer Says Your Symptoms Are Controlled
Parkinson’s medication may reduce symptoms without restoring your ability to work consistently.
Some people experience periods when medication works well and other periods when symptoms return or become worse. Side effects may also cause drowsiness, dizziness, confusion or involuntary movements.
The insurer should consider your abilities throughout the entire workday, not only during a brief period when medication is most effective.
The Insurer Says You Can Perform Sedentary Work
A desk job may still require typing, writing, concentration, communication, regular attendance and consistent productivity.
A person may be unable to perform sedentary work because of:
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Tremors or reduced hand control
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Severe fatigue
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Slowed thinking
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Difficulty concentrating
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Speech changes
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Medication side effects
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Unpredictable changes in symptoms
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Frequent medical appointments
Your Benefits Are Cut Off After Two Years
Many long-term disability 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.
The insurer should consider whether the proposed occupation is genuinely suitable and whether you can perform it consistently given your symptoms, age, education, training and work experience.
What Evidence Supports a Parkinson’s Disability Claim?
A diagnosis is important, but it does not explain everything the insurer needs to know.
Your evidence should show how Parkinson’s affects your ability to perform your actual job throughout a full workday and workweek.
Helpful evidence may include:
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Medical records from your family doctor and neurologist
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A description of your movement and non-movement symptoms
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Information about how symptoms fluctuate during the day
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Your medication schedule and side effects
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Reports from physiotherapists or occupational therapists
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Details about falls, balance problems or safety concerns
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Evidence of fatigue, sleep problems or cognitive changes
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A detailed description of your job duties
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Workplace accommodation attempts
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Failed or unsuccessful return-to-work attempts
Document Fluctuating Symptoms
Parkinson’s symptoms may change throughout the day or between medication doses.
A symptom journal may help document:
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Tremors and stiffness
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Periods of slowed movement
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Fatigue and sleepiness
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Falls or loss of balance
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Difficulty typing, writing or speaking
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Medication timing and side effects
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Activities you attempted
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The recovery time you required
Keep entries factual and consistent. Avoid exaggeration.
What Happens After You Contact a Parkinson’s Disability Lawyer?
During an initial consultation, a disability lawyer may ask about:
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Your Parkinson’s diagnosis and symptoms
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Your occupation and job duties
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When you stopped working
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The treatment you have received
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The insurer’s reason for denying or ending benefits
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Any return-to-work or accommodation attempts
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Important dates and deadlines
The lawyer can then explain whether the denial may be challenged and what evidence could strengthen your claim.
How Can a Parkinson’s Disability Claim Be Resolved?
Depending on the circumstances, a denied disability claim may be resolved through:
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Reinstatement of monthly benefits
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Payment of benefits previously withheld
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A negotiated lump-sum settlement
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Another agreement with the insurance company
There is no standard Parkinson’s disability settlement. The value and outcome of a claim depend 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 Parkinson’s Disability Lawyers
What does a Parkinson’s disease disability lawyer do?
A Parkinson’s disease disability lawyer reviews the insurance policy, medical evidence and denial letter and helps challenge an insurer’s refusal to pay disability benefits.
When should you hire a Parkinson’s disability lawyer?
Speak with a lawyer after your claim is denied or cut off, before filing an internal appeal, or when the insurer pressures you to return to work against your doctor’s advice.
Can a lawyer help before your claim is denied?
A lawyer may provide advice when an insurer requests additional information, schedules a medical assessment or plans to terminate benefits. Legal representation is most commonly needed after a denial or cutoff.
Can early-stage Parkinson’s qualify for disability benefits?
Yes. Early-stage Parkinson’s may qualify when tremors, balance problems, fatigue, cognitive changes or other symptoms prevent you from performing your particular occupation safely and reliably.
Can a lawyer help with a CPP Disability denial?
Yes. A disability lawyer can review a denied CPP Disability claim, help identify missing evidence and represent you during reconsideration or an appeal.
Do you have to appeal to the insurance company first?
Not necessarily. An internal appeal is reviewed by the same insurer that denied the claim. Speak with a disability lawyer before deciding whether to appeal or start legal action.
How long do you have to challenge a disability denial?
Legal deadlines depend on the province, policy and circumstances. In many cases, a lawsuit must be started within two years. Get legal advice promptly so that you do not miss a deadline.
Speak With a Parkinson’s Disease Disability Lawyer
Living with Parkinson’s disease is difficult enough. You should not have to fight an insurance company alone while managing changing symptoms and financial uncertainty.
Samfiru Tumarkin LLP represents people with denied and terminated disability claims across Canada, excluding Quebec.
Some members of our legal team previously worked for insurance companies. We understand how insurers assess Parkinson’s claims, why benefits are denied and what evidence may be needed to challenge their decision.
For more information about eligibility, read our guide to Parkinson’s disease and disability benefits in Canada.
Contact Samfiru Tumarkin LLP for a free consultation if your short-term or long-term disability claim has been denied or cut off.