My Claim for Long Term Disability Benefits has been Denied. What are my options?
March 21, 2019 / Category: Long Term Disability
“There are many reasons your claim could have been denied. Including the medical evidence doesn’t support the disability tests or you have failed to seek the proper medical treatment for your disability,” says Adrian R. Nurse, one of the lawyers with the Hamilton based firm. “You may have to gather further medical evidence to confirm and substantiate your inability to work.”
It is also important to know that the medical/legal test the insurance company uses to determine whether or not a person is entitled to disability benefits, depends on the length of time you have suffered with your disability. In many cases, for the first two years after you have stopped working, the test will be whether you are unable to carry out the essential tasks of your own job. It will be essential to have an up-to-date job description, to review with your lawyer and medical advisors which will assist in determining your limitations.
After two years, the test often changes to whether you are unable to perform any job, not just your own, for which you are suited by way of your prior experience, education/training and transferrable skills.
It is important to note that it is not the insurance company’s role to find you a job, but to determine medically, whether or not you are fit for any other line of work that reasonably falls within your limitations, experience and education. “Though a contentious area, generally the law states the types of jobs should be commensurate with your previous salary, prestige and working hours,” Adrian R. Nurse explains.
When meeting with your lawyer to discuss your rights, it is important for you to bring an up-to-date resume, your current job description, the denial letter, any application forms filled out by your doctor as well as any correspondence you have had with your insurance company.
At TS Law, there are no legal fees unless you win, and their experienced team of litigators will come to you for a free no obligation consultation, regardless if your injuries have you in the hospital or at home. TS Law’s team of litigators, with more then 40 years of combined experience, will fight to get you the highest compensation and the best healthcare treatment. This statement is backed by TS Law’s exceptional record for outstanding results.
“We take all injuries seriously and make sure no wrong steps are taken by offering a free initial consultation,” Adrian R. Nurse says. “We remove the complexity of the claims process to ensure claimants are able to focus on recovering from their illness or injuries.”
Call us today and get your life back on track! Call 905-777-0070 and speak to one of our qualified legal support team members to book your free initial consultation.