Top 3 BAD reasons why people decide NOT to challenge LTD Denials | Disability Law Show TV – S3 E26

Episode Summary

TOP 3 BAD REASONS WHY PEOPLE DECIDE NOT TO CHALLENGE LTD DENIALS on Season 3 Episode 26 of the Disability Law Show with disability lawyer and partner, James Fireman.

Watch above to discover the steps you need to take when the insurance company cuts off or denies your long-term disability claim in Ontario,  British Columbia,  or Alberta, on the only disability law show on TV and radio in Canada.

Episode Notes

Denied LTD benefits despite debilitating endometriosis

I have endometriosis and am unable to work for several days every week as a result. I was on leave and was denied LTD benefits. What do I do?

• Denied benefits despite serious medical condition: James explains that insurance disability policies do not require a diagnosis for the claimant and only require symptoms that prevent an individual from working. It is important for disability lawyers to closely inspect the insurance file.

Disability lawyer prematurely accepting the insurance company’s offer

My wife had an accident about 3 years ago. She slipped and cracked her hip on some ice on private property, resulting in pain and sensitivity to bright lights. The lawyer she retained to handle the matter eventually told her they were leaving the firm and wanted her to settle the case immediately for a certain amount.

• Legal process of an LTD claim: Claimants are always able to seek out a second opinion from another disability lawyer, however, claimants should bear in mind legal fees. If a claimant is concerned about the legal advice they are being given, they should properly communicate their concerns with their lawyer. It is important if possible to document and collect evidence of slip and fall accidents.

Top 3 BAD reasons why people decide NOT to challenge their LTD denials

• Imbalance of power with the insurer: Before a legal claim begins, the insurance company has most of the resources and power in a relationship between the insurer and the claimant. By hiring a disability lawyer, the imbalance of power is rectified and more power is given to the claimant. The legal department at an insurance company is typically preoccupied and lawyers are often over-worked.
• False hope that the insurer may approve an appeal: James explains that the appeal process is typically internal and often conducted by the insurance company that initially denied the disability claim. Appeals were created by insurance companies in order to keep a claimant in the same ongoing process and do not seek legal advice.
• Mistrust of the legal system and all lawyers: James explains that Samfiru Tumarkin LLP offers free consultations for possible claimants and typically disability lawyers at Samfiru Tumarkin LLP operate on a contingency basis. Contingency agreements are common for disability law firms.

Appealed an LTD denial multiple times

If you have been declined disability benefits multiple times and have already appealed, what happens next? Do you have any other options?

• Appealing the denial of benefits: Claimants should contact a disability lawyer or choose to keep appealing the denial claim. Beginning a legal claim the insurance company can no longer determine the process of the claim and there is a shift in the power imbalance.

Disability benefits are cut off as not complying with insurer-recommended treatment

Both my GP and specialist say the medications recommended by the insurance company’s doctor are narcotics, are highly addictive and have serious side effects. I’m following my doctors’ advice and staying with the medications they recommend. My adjuster announced that my benefits are being cut off because I’m not complying.

• Complying with treatment: Ultimately, a claimant should listen to their doctor’s advice and recommended treatment. Insurance adjusters cannot force a claimant to change treatment or follow their own recommended medication. The insurance company in this situation is trying to find a quick solution to a claimant’s medical condition in order to force the claimant back to work.

Click Here For More Information About COVID-19 and Your Rights

Next Episode: Disability Law Show S3 E27 – 3 Things LTD claimants must know before a return to work

Previous Episode: Disability Law Show S3 E25 – 3 Things our lawyers do after you hire us to fight your LTD insurer