Long-term disability claim denied? This is why you need a disability lawyer

We deal with long-term disability claim denials every day at Samfiru Tumarkin LLP.  Our legal team represents disabled individuals against insurance companies all over Ontario and British Columbia.

Many people, especially now during the COVID-19 pandemic, are suffering from injuries or illnesses that make it impossible for them to work. They have every right to be covered for short-term and/or long-term disability, but they are often rejected by insurers.

This leaves the disabled person in a financial and psychological predicament, which often leads to feelings of hopelessness and despair. They believe that they do not have enough money to hire a lawyer to fight their insurer, and even if they did, they reason that there would be no point putting up a fight against the vast resources of a billion-dollar insurance company.

In our experience, however, the helplessness people feel against insurance companies is an illusion. Once we get involved, we shatter that illusion by empowering individuals and helping them understand how we can force their insurers to pay them what they are owed.

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You have more power than you realize, and having a disability claim denied doesn’t mean you’re not owed money

Disabled individuals have more power than they think, and with the help of a known and reputable law firm, they can force their insurance company to pay them what they are owed.

There are different types of disability programs. Some are run by the government while others are private programs.

At Samfiru Tumarkin LLP, we mostly deal with private insurers who issue and manage short-term and long-term disability claims. These insurance companies have included Sun Life, Great-West Life, Manulife, OTIP, Desjardins, RBC, Industrial Alliance, The Co-operators, Equitable Life, Canada Life, Blue Cross, Empire Life, Cigna/LINA, London Life, SSQ and La Capitale, among others.

Individuals whose disability claims are denied by a private insurer should contact Samfiru Tumarkin LLP immediately so we can advise them of their options, which we do free of charge.

READ MORE: What to know about your long-term disability rights in the age of COVID-19

Most insurance companies want to avoid fighting legal claims

I once had a client compare their fight against their insurance company with the mythical story of David and Goliath.

I share this comparison with every person who contacts me about their long-term disability claim denial and tells me that they are afraid of their insurer, because in the story, David defeated Goliath.

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I explain that insurance companies do indeed have a great deal of money, but that’s precisely why insurance companies do not like to fight legal claims. They would rather a disabled person give up on their rights or appeal a claim denial, so the company can avoid paying the disabled person what they are owed.

Insurance companies understand that disabled individuals may be in a very precarious psychological or physical state, and often prey on people’s fears.

The benefits of hiring a disability lawyer

My job as a disability lawyer is to educate people about their disability rights and explain how we can help them force their insurers to pay them what they are owed. That is what I, and others on my team, do each and every week on the Disability Law Show on Global in Ontario and B.C.

READ MORE: Fighting a disability claim denial during COVID-19? Here’s how to choose the right lawyer

It is not hard to resolve disability claims that have been incorrectly denied. In most cases, we resolve these types of disputes with insurance companies within weeks or months after becoming involved.

We never take a retainer up front, and we only get paid after we successfully force the insurance company to pay.

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Once we get involved and represent the disabled individual, insurers are not allowed to contact our clients directly. We take over all communications with the adjuster and create a safe space for the disabled person so they can focus on their health.

The only thing a disabled person needs to do is contact us for help.

Has your long-term disability claim been denied? Is the insurance company threatening to cut off your payments?

Contact the firm or call 1-855-821-5900 to secure assistance from a disability lawyer in Ontario or British Columbia. Get the advice you need — and the compensation you deserve.

Sivan Tumarkin is a disability lawyer and partner at Samfiru Tumarkin LLP, one of Canada’s leading law firms specializing in disability claims and employment law.

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