A recent case that shocked my team and I involved a groundskeeper whose access to long-term disability (LTD) benefits for degenerative disc disease was cut off at the two-year mark.
The individual received a denial letter from his insurance company on his “change of definition” date—informing him that he was no longer considered “totally disabled” under their policy.
After reviewing the document a few times, the groundskeeper couldn’t wrap his head around his insurer’s decision. His treating doctors had clearly stated in their reports that his condition prevented him from doing any work—not just his own job.
Confident that he had a strong case, the groundskeeper contacted Samfiru Tumarkin LLP for a free LTD consultation.
Following conversations with his insurance company, we were able to secure an extremely favourable amount of compensation for our client.
READ MORE: Insurer being difficult? 3 reasons you should hire a long-term disability lawyer
Degenerative disc disease can have a profound impact on an individual’s ability to perform their job duties—even with a significant amount of treatment.
For Canadians who can’t work due to this debilitating condition, disability benefits are designed to provide financial peace of mind.
Get daily National news
If you’re denied or cut off LTD for any reason, remain calm. Here are three things you need to do.
1. Get your insurer’s reasons for the decision in writing
Instead of delivering the “bad news” in a letter or email, some insurance companies notify individuals over the phone.
By informing claimants verbally, insurers are able to adjust their rationale in the event that the decision is challenged.
If this happens to you, contact your insurance company immediately and request a denial letter. This document will force them to “lock in” their reasons for rejecting your claim or cutting off your access to LTD benefits.
READ MORE: 4 reasons long-term disability claims in Canada are denied
Once you have the denial letter in your possession, 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.
Even if your insurer hasn’t provided you with this document yet, it’s still in your best interest to contact my firm. We offer LTD consultations at no cost to you.
2. Discuss the decision with your treatment team
After receiving the denial letter from your insurance company, schedule a meeting with your treating doctor. It’s crucial that the document is brought to this appointment.
During the meeting, ask your physician if they agree with the insurer’s decision. If they disagree, have them explain in writing why your condition prevents you from resuming your job duties.
In the event that 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
If your access to disability benefits is cut off on your “change of definition” date, like the groundskeeper, make sure your treating doctor clearly outlines in writing why your condition prevents you from doing any work—not just your own job.
3. Contact us
Being denied or cut off LTD can be incredibly distressing. For many of my clients, they weren’t sure how they were going to pay bills or put food on the table without access to disability benefits.
In this situation, it’s vital that you get the right legal advice before appealing your insurance company’s decision.
READ MORE: 3 reasons you shouldn’t appeal a denied long-term disability claim
The compassionate team at Samfiru Tumarkin LLP regularly resolves issues involving LTD, short-term disability, life insurance, critical illness and mortgage insurance claims across Canada.
We provide free consultations for these types of matters and don’t get paid unless we get results.
Over the years, my firm has helped thousands of Canadians, including Sandra Bullock and Julie Austin, secure the compensation they’re legally entitled to.
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.