Asthma can have a profound impact on an individual’s ability to perform everyday tasks, including their job duties.
For Canadians who can’t work due to this debilitating condition, short-term disability (STD) and long-term disability (LTD) benefits can provide a crucial financial lifeline.
Sadly, it’s not uncommon for insurance companies to deny legitimate LTD claims in cases involving asthma.
One excuse frequently used by insurers to prevent claimants from accessing disability benefits is that they don’t meet the definition of “totally disabled” under their policy.
If your insurance company rejects your claim for LTD benefits based on asthma, don’t panic. Here are three things you need to do.
1. Request a denial letter
Denial letters force insurers to “lock in” their rationale for turning down an individual’s disability claim.
If your insurance company didn’t have a legitimate reason for denying you access to LTD benefits, this document will make it very difficult for them to pivot to a different explanation at a later date.
READ MORE: Insurer’s medical consultant doesn’t think you’re disabled? 3 things to do
As soon as you receive the denial letter from your insurer, connect with 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 this document, it’s still in your best interest to contact my firm. We provide free consultations for issues involving LTD.
2. Discuss the denial with your treatment team
After receiving the denial letter from your insurance company, schedule a meeting with your treating doctor. It’s very important that the document is brought to this appointment.
During the meeting, ask your physician if they agree with the insurer’s decision. In the event that they disagree, have them explain in writing why your condition prevents you from resuming your job duties.
If other medical professionals are involved in your care, gather their opinions as well. The more supporting documentation you can provide, the better.
READ MORE: ‘Get full support from your doctor’: Disability lawyer’s guide to making insurance claims
In some cases, insurance companies cut individuals off LTD benefits on or around the “change of definition” date. This usually occurs two years after a claim was approved.
If this situation applies to you, make sure that your treating doctor clearly outlines in writing why it prevents you from doing any work—not just your own occupation.
3. Contact us
For many of my clients, having their legitimate LTD claim turned down was incredibly distressing. They weren’t sure how they were going to support themselves or loved ones financially without access to disability benefits.
If you’ve been denied or cut off LTD, contact an experienced disability lawyer at Samfiru Tumarkin LLP. It’s crucial that you get the right legal advice before appealing your insurer’s decision.
Our compassionate team regularly resolves issues involving LTD, STD, 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 Sandra Bullock and Julie Austin, secure the compensation that they are legally entitled to.
READ MORE: Insurer being difficult? 3 reasons you should hire a long-term disability lawyer
One of the many cases that my team and I will never forget involved a warehouse manager who was cut off LTD on his change of definition date.
Struggling with severe asthma, the individual received a letter from his insurance company—informing him that he no longer met the definition of “totally disabled” under their policy.
After discussing the document with his family, the manager’s wife encouraged him to contact Samfiru Tumarkin LLP for a free LTD consultation.
Confident that he had a strong case, we told him to get the denial letter reviewed by his treatment team.
The manager’s treating doctors were shocked that they weren’t consulted before he was cut off LTD. They clearly outlined in writing why his condition prevented him 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 the medical professionals involved in his care, the manager contacted us again.
Following conversations with his insurer, we were able to secure an extremely favourable amount of compensation for our client.
Denied or cut off long-term disability? Asked if you want to appeal your insurer’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 is a disability lawyer and co-founding partner 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.