When individuals in Oshawa are denied or cut off long-term disability (LTD) benefits, the last thing on the minds of many is to seek legal advice.
Instead of fighting, claimants often throw in the towel—confident there’s nothing they can do to change their insurance company’s decision.
READ MORE: 4 major reasons long-term disability claims are denied in Canada
If you’ve been denied or cut off LTD, all hope isn’t lost. Here are three things you need to know before contacting an Oshawa disability lawyer.
1. A denial letter is a crucial document for your legal team
In the event that you didn’t receive one, denial letters force insurance companies to “lock in” their rationale for rejecting or cutting off an individual’s access to LTD benefits.
If your insurer didn’t have a legitimate reason for terminating your claim, this document will make it very difficult for them to pivot to a different explanation at a later date.
READ MORE: 4 ‘red flags’ that your long-term disability in Ontario could be cut off
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 you don’t have this document, it’s still in your best interest to contact my firm. We provide LTD consultations at no cost to you.
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2. Full support from your treatment team strengthens your legal claim
Another important step after you’ve been prevented from accessing disability benefits is to bring the denial letter to your treating doctor.
Schedule a meeting with your physician. During the appointment, ask them 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.
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, insurers cut Oshawa residents off LTD benefits on or around their “change of definition” date. This usually occurs two years after a claim was approved.
If this situation applies to you, make sure your treating doctor clearly outlines in writing why your condition prevents you from doing any work—not just your own occupation.
3. Internal appeals rarely work—you’re better off filing a legal claim
Contrary to popular belief, internal appeals for LTD denials don’t involve a “third party” that has the power to overturn the insurance company’s decision. They’re handled by your insurer, which makes it very unlikely that a review of their own ruling will yield a different outcome.
Far too many of our clients, including those in Oshawa, reach out after multiple appeals—losing precious time that could’ve been used to obtain a real resolution.
We can move your file out of the “internal appeal loop” and into a formal legal process. In most cases, we’re able to reach a settlement without getting the courts involved.
Let us fight for you
If you’ve been denied or cut off LTD in Oshawa, contact an experienced disability lawyer at Samfiru Tumarkin LLP. Our compassionate team regularly resolves issues involving LTD, short-term disability, life insurance, critical illness and mortgage insurance claims across Ontario.
We provide free consultations for these types of matters and don’t get paid unless we get results. Over the years, we’ve helped thousands of Ontarians, including Julie Austin and Sandra Bullock, secure the compensation they’re legally entitled to.
READ MORE: Insurer being difficult? 3 reasons you should hire a long-term disability lawyer
A heartbreaking case that my team and I will never forget involved a mechanic in Oshawa who was cut off LTD on his change of definition date.
The individual, struggling with chronic fatigue syndrome, received a denial letter from his insurance company—informing him that he no longer met the definition of “totally disabled” under their policy.
Devastated by the update, the mechanic asked his wife what he should do. He was encouraged to contact Samfiru Tumarkin LLP for a free LTD consultation.
Confident that he had a strong case, we told the mechanic to get the denial letter reviewed by his treatment team. Horrified by the decision, his treating doctors clearly outlined in writing why his condition prevented him from doing any work—even on a part-time 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 mechanic contacted us again.
After one phone call with his insurer, we were able to secure an extremely favourable amount of compensation for him. No legal battle was required to obtain life-changing results for our client.
Denied or cut off long-term disability in Oshawa? Asked if you want to appeal your 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 is a disability lawyer and co-founding partner at Samfiru Tumarkin LLP, Canada’s most positively reviewed law firm specializing in long-term disability claims and employment law. The firm provides legal insight on Canada’s only Disability Law Show on TV and radio.