Most British Columbians, whether working for an employer or self-employed, have long-term disability (LTD) coverage.
These policies are designed to provide you with peace of mind in the event you are unable to work due to an illness or injury. For many, it’s comforting to know that they will be able to pay bills and put food on the table while focusing on their recovery.
In my experience, however, many insurance companies deny legitimate LTD claims, which can lead to serious financial and mental distress for claimants.
If your claim has been denied, don’t panic. Here are three things you can do to protect your rights in British Columbia.
1. Get the denial in writing and gather all relevant documents
When applying for LTD benefits, you must submit a variety of forms to the insurance company. This includes an employee statement, a sponsor statement completed by your employer as well as a physician statement.
READ MORE: ‘Get full support from your doctor’: Disability lawyer’s guide to making insurance claims
If your insurer decides to deny your claim, they might attempt to notify you of the denial over the phone. It’s very important to make sure that you get the insurance company’s decision in writing.
The denial letter should explain why your claim was turned down. It should also address the appeals process and the limitation period within which you can pursue a legal claim.
After requesting the denial letter, gather your application forms, the policy and any other relevant documents. Once you have everything together, contact a disability lawyer.
READ MORE: Most common mistakes people make when they are denied long-term disability
2. Have a disability lawyer review your denial letter
Knowledge is power. After looking over the insurance company’s reasons for denying your LTD claim, a long-term disability lawyer can review your options and help you fight back.
Some of the most common reasons for denial include rejecting supporting medical evidence from your doctor or claiming that you aren’t following proper treatment for your disability.
READ MORE: 4 reasons why long-term disability claims are rejected, and how to fight back
Many of my clients have told me that they completely lost hope once they were denied or cut off from their disability benefits. Having a legal professional on their side helped them become more optimistic and less overwhelmed.
Once we are formally hired to represent you, we can get the insurer to provide a copy of their file, your policy and any relevant documents relating to your matter.
READ MORE: What to expect when hiring a lawyer to fight your disability claim denial
3. Skip the appeals process if your long-term disability claim is denied
After your LTD claim has been turned down, you will likely receive an invitation to appeal the insurance company’s decision.
It’s important to understand that an appeal isn’t an independent process. It’s typically conducted by the same insurer that denied your claim in the first place.
Any documents you provide in support of the appeal are often reviewed internally by doctors who are paid by the insurance company.
READ MORE: 3 reasons you shouldn’t appeal a denied long-term disability claim
The appeals process can take more time, effort and cost, and in my experience, is often unsuccessful.
Filing a legal claim allows you to focus on your treatment, while your lawyer fights the insurer on your behalf.
Once your LTD claim has been denied, you have a limited timeframe, called a limitation period, to take legal action against the insurance company to get the compensation you are owed.
Let a disability lawyer fight for you
A legal claim is a powerful tool that can help you level the playing field and take back some control from the insurer.
That is why it’s crucial to consult with an experienced disability lawyer, like the ones at Samfiru Tumarkin LLP, as soon as your LTD claim is denied or you are cut off from your disability benefits.
For many of our clients, applying for long-term disability is a new experience. As a result, they aren’t aware of the specific rights that they have when an insurance company rejects their claim or prematurely closes their case.
Our firm regularly resolves LTD, life insurance and mortgage insurance claim denials in B.C., and across Canada. We know the law and have helped numerous clients, including Sandra Bullock and Julie Austin, hold insurance companies accountable.
READ MORE: Insurer being difficult? 3 reasons you should hire a long-term disability lawyer
Our lawyers provide free consultations and we don’t get paid unless we successfully secure the compensation from your insurer that you are legally entitled to.
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 to secure assistance from a disability lawyer in Ontario, British Columbia or Alberta. Get the advice you need — and the compensation you deserve.
Martin Willemse is a disability lawyer and partner at Samfiru Tumarkin LLP, Canada’s most positively reviewed law firm specializing in employment law and long-term disability claims. The firm provides free advice on Canada’s only Disability Law Show on TV and radio.