LITIGATING A LONG TERM DISABILITY (LTD) CLAIM

Litigating a Long Term Disability Claim

Short term and long term disability benefits are usually administered by third party insurers. If you have been injured in an accident or have become really sick in some regard, you may be eligible for short term or long term benefits if you’re unable to work at the present time.

I CAN NO LONGER WORK, NOW WHAT?

If your doctor has informed you that you are unable to work, or some other medical professional, you will first need to complete an application for disability benefits. There may also be a form for your employer to fill out as the insurance company will likely want to know what was expected of you at work so that they can determine your ability to return to work.

The insurer will also require your doctor to complete some paperwork to find out what’s your diagnosis, prognosis for recovery, and your ability or inability to do certain tasks. Essentially, they want to know, are you able to work, within their framework.

Your disability insurance company may also require you to complete some other paperwork and fill out some authorizations so that they can gather your medical records. It’s also possible that the insurance company may require that you see a doctor of their choosing in order for them to assess your injuries and determine whether you meet certain criteria in the policy or not. It is not uncommon for these doctors to have a very swayed reality of your injuries, but this can be overcome by utilizing your treating physician records properly or retaining our own medical experts.

HAVE A READ OF THE POLICY

Unlike motor vehicle policies, there is no standard long term disability policy, although there are many similarities. The scope of the benefits paid are often related to the premiums paid. Most policies offer a period of benefits while you are disabled from your own job, followed by offering benefits up to age 65 if you are unable to work any occupation, for which you are trained or have experience in. By reading the policy, you should be able to calculate your monthly benefits to which you are entitled. Your lawyer should also write to the insurance company and request a complete production of the claimant’s file. An examination of this information may help clarify the issues in dispute for when your lawyer drafts the Statement of Claim, which commences the formal litigation process.

An LTD claim is different than a motor vehicle case in many ways, particularly because you do not have to worry about questions of liability. However, there are a myriad of difficulties that may present itself, and many common defence tactics. Insurers will often hang their hats on misrepresentation claims, asserting that that you misrepresented the insurer in some regard or capacity. Material misrepresentation is routinely plead by insurers.

CONTACT A DISABILITY BENEFITS LAWYER

LTD policies can be complicated, and insurance companies do not have your bests interests in mind. There is a clear power-imbalance between claimants and insurance companies, therefore, it is important to retain the services of a personal injury lawyer to help protect your rights and advance your long term disability claim. Contact our law office for a free consultation of your case.

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