Long-term Disability Claims

Disability Claim Denied: How a Long-term Disability Lawyer Can Help

When you buy insurance, you are buying “peace of mind.” The reality is that while insurance companies sell “peace of mind”, their objective, like most companies, is to make money. They make money by selling this product and they make money by not paying for claims. The result is that many people who thought they had valid coverage find themselves having their long-term disability claims denied or “investigated” for prolonged periods of time. Instead of getting protection, they get conflict, stress and sleepless nights.

A long-term disability lawyer can help when your long-term disability claim is denied, cut off, or comes under “investigation” by the insurance company. If any of those events occur, you need to contact our team immediately.

The Toronto, Ottawa, Calgary and Vancouver-based disability lawyers at Samfiru Tumarkin LLP have years of experience forcing insurance companies large and small to pay our clients what they are owed. In fact, some of our lawyers once worked FOR insurance companies, which means we know how they operate, why they make certain decisions and, more importantly, how to enforce your rights. Our respected disability law team has been involved in both jury and non-jury trials and has resolved complex claims worth millions of dollars in Ontario, British Columbia, Alberta and all provinces across Canada (excluding Quebec).

Continue reading to discover the 5 main reasons why claims are denied, and why you should not appeal an LTD claim denial.

Disability claims by province

Learn about your long-term disability rights in every Canadian province (excluding Quebec):

WATCH: Disability Lawyer Sivan Tumarkin discusses everything you need to know about fighting a long-term disability claim denial on an episode of the Disability Law Show.

Long-term Disability Claims: Do Not Appeal a Denial

When your long-term disability claim is denied by your insurance provider, you will likely receive a letter inviting you to appeal the decision.

While the option of an appeal may seem like a good idea, we generally advise against taking the insurance company up on their offer. After all, the appeals process in almost all cases will be handled by the very same insurance company that decided to deny your LTD claim!

Your insurance provider’s interests won’t change at all during the appeals process – they still want to make as much money as possible by denying legitimate disability claims. Due to that fact, you have no reason to believe that an appeal of the initial decision in which your insurance claim was denied will result in the insurance company reversing their decision.

Insurance companies will often use the appeals process (sometimes leading claimants to request multiple appeals) to run out the clock on your ability to file a claim against the insurance company to get the money you are owed.

LEARN MORE: Appealing a long-term disability claim denial

Disability Claims & 2-year Limitation Period

There is a strict 2-year time limit, starting from the moment your claim is denied, for starting a lawsuit against an insurance company. Most people are unaware of this deadline and often miss it. When you miss a limitation period, the insurer does not have to pay your claim and your right to sue them is taken away.

This is why it is extremely important to find out what your long-term disability rights are immediately following a claim denial, or even if you think your claim is about to be denied or cut off. It costs nothing to talk to one of our disability lawyers in Toronto, Calgary, Ottawa or Vancouver about your case.