For many Canadians, migraines can be physically and mentally debilitating. In certain situations, it’s nearly impossible for individuals to continue working – even with a significant amount of medication and treatment.
Unfortunately, insurance companies often deny legitimate long-term disability (LTD) claims in cases involving chronic migraines.
One excuse commonly used by insurers to prevent claimants from accessing disability benefits is that they don’t meet the definition of “totally disabled” under their policy.
READ MORE: 4 reasons why long-term disability claims are rejected
If your insurance company rejects your claim for LTD benefits based on chronic migraines, here are three things you need to do.
1. Request a denial letter
After your LTD claim has been turned down, there is a very good chance that your insurer will inform you of the decision over the phone.
If this happens to you, ask your insurance company to provide you with a denial letter before hanging up. This document will force your insurer to “lock in” their reasons for rejecting your LTD claim.
READ MORE: Denied long-term disability? 4 reasons to get your insurer’s decision in writing
As soon as you receive the denial letter from your insurance company, contact an experienced disability lawyer at Samfiru Tumarkin LLP. We can review your situation, assess your legal options and help you secure the compensation you deserve.
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Even if you don’t have a denial letter, you should still reach out to our firm. We provide free consultations for issues involving LTD and can answer any questions that you have.
2. Speak with your doctor
Once you have your insurer’s reasons for turning down your LTD claim in writing, schedule a meeting with the doctor providing primary care for your migraines. It’s very important that the denial letter is brought to this appointment.
During the meeting, ask your physician if they agree with the insurance company’s decision. In the event that they disagree, have them explain in writing why your condition prevents you from resuming your job duties.
READ MORE: ‘Get full support from your doctor’: Disability lawyer’s guide to making insurance claims
If your LTD claim was initially approved by your insurer, it’s possible that it could be rejected on or around the “change of definition” date. This usually occurs after you have received disability benefits for two years.
In this situation, it’s crucial that the medical professional providing primary care for your migraines clearly outlines in writing why it prevents you from doing any work.
If your insurance company sends you a list of potential roles that you are qualified for, have your treating doctor review it. Make sure that their report explains why you wouldn’t be able to fulfill the needs of each position, or would be limited in doing so, due to your condition.
3. Contact us
For many of our clients, having their legitimate LTD claim turned down was devastating. They weren’t sure how they were going to support themselves or loved ones financially without access to disability benefits.
If you are denied or cut off LTD for any reason, contact an experienced disability lawyer at Samfiru Tumarkin LLP. It’s very important that you get the right legal advice before appealing your insurer’s decision.
Our compassionate team regularly resolves issues involving LTD, short-term disability, life insurance, critical illness and mortgage insurance claims across Canada.
We provide consultations at no cost to you and don’t get paid unless we get results. Over the years, we have helped thousands of Canadians, including Julie Austin and Sandra Bullock, secure the compensation that they are legally entitled to.
READ MORE: Insurer being difficult? 3 reasons you should hire a long-term disability lawyer
A troubling case that our firm recently handled involved a receptionist who was cut off LTD on her change of definition date.
Struggling with chronic migraines, her insurance company informed her over the phone that her condition didn’t prevent her from working in other occupations.
Doing her best to maintain her composure, the employee requested a denial letter before ending the call.
While she waited for the document to arrive, she reached out to Samfiru Tumarkin LLP for a free LTD consultation. Confident that she had a strong case, we told her to contact us again after the denial letter was reviewed by the medical professionals involved in her care.
Once she received the document from her insurer, she brought it to her family doctor and her neurologist.
Not only did both medical professionals disagree with the insurance company’s decision, but they were disappointed that they weren’t consulted before she was cut off LTD.
In response to the denial letter, the employee’s family doctor and neurologist clearly outlined in writing why her condition prevented her from doing any work – even on an hourly basis.
READ MORE: The insurer cut off his benefits. Then his lawyer reviewed his medical assessment
With full support from her treating doctors, she reached out to our firm again. Following conversations with the receptionist’s insurer, we were able to secure an extremely favourable amount of compensation for the worker.
Long-term disability claim denied? Asked if you want to appeal the insurance company’s decision?
Contact the firm or call 1-855-821-5900 for a free consultation with a disability lawyer. We help Canadians across all provinces (excluding Quebec). Get the advice you need and the compensation you deserve.
Sivan Tumarkin and Michael Gerhard are disability lawyers at Samfiru Tumarkin LLP, Canada’s most positively reviewed law firm specializing in employment law and long-term disability claims. The firm provides legal insight on Canada’s only Disability Law Show on TV and radio.