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Do You Need a Long-Term Disability Lawyer?

Having a legitimate disability doesn’t guarantee that your long-term disability claim will be approved. Up to 60 percent of long-term disability claims are turned down by insurance companies every year. Hiring an experienced long-term disability lawyer increases your claim’s chance of success and offers several other invaluable benefits.

Photo of person helping another with paperwork for a disability claim

Why You Need a Long-Term Disability Lawyer

Our Oshawa and Lindsay lawyers regularly deal with insurance companies. We know firsthand that insurers can be dishonest and unfair when handling long-term disability (“LTD”) claims—especially when they are dealing with unrepresented claimants. We’ve seen everything from failure to disclose policy terms, to unreasonable wait times/delay, to excessive requests for information or medical evidence, to outright denial of valid claims for invalid reasons.

Insurance company gaslighting is unfortunately common. The insurance company does not have your best interests at heart. Denying claims is good for the company’s bottom line. Claims for invisible (subjective) injuries or illnesses such as depression, anxiety, chronic pain, post-traumatic stress disorder (PTSD) and fibromyalgia are routinely denied—not because they aren’t serious and debilitating—but simply because they aren’t physically apparent or objectively measurable by any diagnostic tests.

You need a long-term disability lawyer on your side to protect your rights and interests.

Benefits of Hiring a Long-Term Disability Lawyer Before You File Your LTD Benefits Claim

The outcome of your LTD benefits claim depends on the strength of your application. Long-term disability claims are often denied due to mistakes, missing documents, or other issues in the application process. When you hire a long-term disability lawyer to assist you before you file your claim, you can rest assured that the forms will be filled out accurately and submitted on time. Before filing, your lawyer will review your policy to understand your coverage, your legal entitlements, and the requirements for a successful application. Your lawyer will compile and submit the documents and supporting evidence needed to boost the chance of your application being approved.

Having your lawyer prepare your application and deal with the insurance company on your behalf will reduce your stress level and allow you to focus on rest and recovery from your injury or illness. Your lawyer will advise you of any loopholes and help you avoid common traps that lead to claims denials.

Additionally, your application has a better chance of being approved faster when it is completed right the first time around.

Benefits of Hiring a Long-Term Disability Lawyer If Your LTD Claim is Denied

If you already filed your LTD benefits claim, and it’s been denied, don’t give up! You should contact a long-term disability lawyer right away to fight back against the insurance company’s denial. LTD insurance claims can be denied for many reasons, including:

  • Missed application deadlines

  • Exclusions or other technicalities within your insurance policy

  • Insufficient medical documentation

  • The insurance company says you aren’t “totally disabled”

  • You have a pre-existing medical condition

  • Failure to follow a prescribed treatment plan

  • The independent medical assessment doctor doesn’t think you are disabled

  • The insurance company doesn’t believe you.

You should receive a "denial letter" from the insurance company explaining why your application for long-term disability benefits was denied. There are a number of options you can use to push for the benefits you deserve, but there are also important time limits that must be met.

Your LTD claims lawyer will review the denial letter and your policy, then meet with you to discuss options and strategy. In some cases, the best first step is to appeal the denial by providing additional medical evidence to the insurance company so they can review their own decision. In other cases, it may be a better strategy to commence a legal claim against the disability insurer. The latter option is typically what our long-term disability lawyers in Oshawa and Lindsay recommend when a client’s medical condition is unchanged or has worsened. If a client remains disabled and has already provided complete medical documentation, an internal appeal will only delay the process further.

It is also possible to use the internal appeal process first and then bring a lawsuit if the appeal is unsuccessful. However, caution must be exercised as insurers often use the internal appeal process to “run out the clock” on the limitation period to commence a legal claim. Once the limitation period has passed, the insurer doesn’t have to pay your LTD claim, and you lose the right to sue the insurance company for disability benefits. Your lawyer will advise you of all limitation periods and ensure deadlines are met.

Get Trusted Advice from A Long-Term Disability Lawyer

Our Oshawa and Lindsay lawyers at Kelly Greenway Bruce know all the tricks and tactics insurance companies use. Once you hire Kelly Greenway Bruce, we will deal with the insurance company on your behalf. No more struggling to figure out deadlines or dealing with insurance company gaslighting. You can focus on recovery, knowing that you have a trustworthy advocate on your side. We encourage you to connect with our disability lawyers in Oshawa or Lindsay today.


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