Whether you have been receiving disability benefits or have made an application, and your disability insurance company has notified you no longer qualify for your benefits, they will surely invite you to appeal their decision within a certain period.
The first thing to keep in mind is that the timeline to appeal is purely an arbitrary deadline decided by your insurance company. Whether you decide to appeal on your own or you speak to a disability lawyer, the actual deadline to keep in mind is that you have two years from the date of the denial to sue your disability insurance company.
If you decide to appeal the denial of your benefits, it is crucial that you immediately contact your family doctor and set up an appointment. Bring the denial letter with you so that your doctor can review the letter and give their opinion about how your illness or injury prevents you from working.
If you are under the care of any specialist doctors, you should speak with them about the denial and your ability to work in any of the jobs that your insurance company may have identified. If your doctor's opinion is that your disability prevents you from working, make sure to get them to put the opinion in writing. Specific reference to the restrictions and limitations that your disability prevents you from performing should be included in an opinion letter provided by your doctor. Make sure to provide any written opinion from your doctors to your disability insurance adjuster.
In addition to getting your doctor's opinion in writing, you will need to make sure that your insurance company has all of the clinical notes and records from your treating doctors going back to at least the date when you stopped working.
In addition, make sure that you have told your insurance adjuster about all the restrictions and limitations you are currently having with your day-to-day activities. You have likely had a chance to speak with the adjuster on the phone, so make sure that they are aware of how your injury or illness is affecting all areas of your life, including any difficulty you are having with your housekeeping, recreational or social activities, and how your disability is impacting your quality of life.
Lastly, and unfortunately, your disability insurance company is unlikely to change their decision unless you provide them with new medical information that is significantly different from the information you and your doctors have already provided. As a result, you may find yourself appealing for a third or fourth time, thinking that your insurance company will finally do the right thing and approve your claim. Keep in mind, if they continue to deny your benefits, you usually have two years from the date of the FIRST denial to bring a lawsuit.
Findlay Personal Injury Lawyers handle Short Term Disability Claims and Long Term Disability Claims with all the major disability insurance companies, including Manulife, Canada Life, and Sunlife, among others.
We offer free consultations and will answer all your disability insurance questions at no cost. We help people with denied disability claims in Hamilton, Brantford, St. Catharines, Burlington, Niagara Falls, Port Dover and other areas of Ontario. Call us today at 905-522-9799 to see how we can help you.
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