Personal Injury

Five things your disability insurance lawyer wants you to know

By Nainesh Kotak

Being denied short or long-term disability benefits or having your insurance benefits terminated can plunge you into a financial crisis and increase your stress burden.

Here are five important details that you should know to help get you through these difficult times.

1. Don’t play the internal appeal game with your insurance company

Disability insurance companies will try to lull you into a false sense that they really will change their mind if you write to them to appeal internally. They will make you jump through hurdles to obtain unrealistic types of further documentation at your expense and will proceed to maintain their denial. Think about it — does it really make sense to ask your disability insurer to make a finding that your case manager was wrong? Unrealistic right?

2. You need to regularly visit your doctors

Every time you see a health practitioner they make notes about your medical complaints. These notes form part of the medical evidence necessary to prove that you are disabled from working. If you don’t go to the doctor then, unfortunately, you may have an uphill battle ahead.

3. Your disability insurance policy will contain a definition of disability

Your relationship with your disability insurance company is governed by the insurance policy. The policy usually defines disability in two ways. For the first two years, you have to establish that you are disabled from performing the essential tasks of your pre-disability employment. After two years on claim, you have to prove that you are totally disabled from performing any gainful employment that you are suited to by way of education, training or experience.

4. Your disability insurance company may look at your social media or use surveillance

Disability insurers are commonly known to do this. They may take what they find out of context to maintain their denial or termination of your disability benefits.

5. You need an experienced disability insurance lawyer to help you fight your case

Fighting a denial or termination of short or long-term disability benefits is a tricky process. The disability insurance company will place many hurdles in your path to justice. An experienced disability claim lawyer will review all of the documentation and start your lawsuit early. They will understand that you are undergoing hardship without a source of income. They will help you with a CPP disability claim if necessary. They will bring the case to a speedy resolution so your financial burden is lifted.

If you have been denied short-term or long-term disability benefits by a disability insurance company you are no doubt feeling frustrated by the process. At Kotak Law, we are committed to helping people access the disability benefits they have been denied and we understand your frustration with your disability insurance company.

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