Hamilton Long Term Disability Lawyers

Long-Term Disability Lawyers in Hamilton

If you are denied Long-Term Disability Insurance from your insurance company, this is when a Hamilton Long-Term Disability Lawyer can help get you what you deserve. Long-term disability lawyers know the tactics insurance companies use to deny, or reduce the value of, your claim. Typically, there are strict guidelines in place to determine your ongoing eligibility of long-term disability, what costs the insurance company will cover, how and when benefits will be paid out, as well as when benefits will start and end. If you choose not to comply with the insurance company’s guidelines this will result in your claim being denied or lead to unnecessary delays. 

If you've been denied your long-term disability claim, or have had your LTD cancelled/terminated suddenly, talk to one of our Hamilton long-term disability lawyers for free and see if you have a case. Simply call, click, or chat; lawyers are standing by 24 hours a day, 7 days a week. Call our Hamilton office at (905) 522-9799.

An experienced long-term disability lawyer in Hamilton can assist you in understanding the strict guidelines insurance companies have surrounding LTD, and help make sure your disability claim is filed correctly and in a timely manner. They will also act as an advocate on your behalf, negotiating with the insurance company to get you the benefits you deserve. If you have been denied long-term disability benefits, don’t hesitate to contact a Hamilton long-term disability lawyer for help. 

At Findlay Personal Injury Lawyers, our long-term disability lawyers have successfully represented clients who have been denied, or who have had benefits terminated by insurance companies. We understand what it takes to win a long-term disability case and will work tirelessly to get you the benefits you deserve.

Long-Term Disability Benefits Cut Off?

If your long-term disability benefits have been cut off, it is important to seek legal help right away. An experienced long-term disability lawyer can review your policy and determine if you are still entitled to benefits. 

There are several reasons why an insurance company may stop paying long-term disability benefits, including: 

  • The individual no longer fulfills the conditions of the LTD insurance policy, he or she is no longer eligible to receive it.
  • The individual isn't following the conditions and provisions of their LTD insurance. 
  • The policy's age limit has been reached, which is generally 65 years old. 
  • The individual has returned to work 
  • The policy has expired 
  • The policy's maximum payout amount has been reached
  • Change of status in your LTD benefits called Change of Definition

If any of these situations apply to you, do not hesitate to contact a long-term disability lawyer in Hamilton. We can help you file an appeal against your LTD denial, and get your long-term disability benefits reinstated. 

The Findlay Team understands how important it is for you to receive the long-term disability benefits you deserve. We will work hard to make sure you get the money you need to live your life.

What is Income Replacement Benefit (IRB)?

Income Replacement Benefits, also known as an IRB, is a benefit paid to individuals who are unable to work due to a long-term disability. The amount of IRB you receive is based on your income before you became disabled. Typically, insurance companies see the most claims of Income Replacement Benefits for car accident victims.

From time to time, your insurer may request updated medical information to support your long-term disability claim, and may assess your entitlement to continue receiving IRBs. An IRB assessment can result in the termination of your income replacement benefits, so it is important to have a legal advocate fighting for your rights.

At Findlay Personal Injury Lawyers, we understand how important it is for you to receive the Income Replacement Benefit payments you deserve. If you are receiving Income Replacement Benefit payments and have been asked to participate in an IRB assessment, contact us immediately.

What is a Functional Capacity Evaluation?

A Functional Capacity Evaluation (FCE) is a tool used by insurance companies to determine an individual's ability to work. The evaluation is usually administered by a occupational therapist and will assess how well you can complete everyday tasks, such as bathing, dressing, and cooking.

An FCE can be ordered by an insurance company as part of their assessment of a long-term disability claim. Insurers like FCE’s because the testing of your abilities is objective and open to interpretation. This means that the results will often be used to deny or reduce the value of a long-term disability claim.

If you are asked to complete an FCE, it is important to have an experienced long-term disability lawyer by your side. At Findlay Personal Injury Lawyers, we have helped many clients who have been asked to complete an FCE. We know what to expect from these evaluations and will help make sure the results do not damage your long-term disability claim.

Who Performs FCE’s?

During the FCE, a "functional pain" evaluation will be performed, which evaluates an individual's pain levels while they are engaged in activities. These pain evaluations vary, but often include asking the individual to rate their pain on a scale of 1-10, with 10 being the worst. 

Functional Pain Assessment

The person who conducts the FCE is usually a registered occupational therapist. In some cases, a kinesiologist may be asked to do the assessment. The assessor will ask you to complete a number of everyday activities and tasks, both in a seated and standing position. You may also be asked to lift and carry items, as well as perform other physical tasks. 

What Happens if I Fail the FCE?

If you are unable to complete the activities as assessed by the assessor, the insurer may stop paying your IRBs. In some cases, the insurer may argue that you are not entitled to any benefits at all. 

If this happens, it is important to speak with a skilled Hamilton long-term disability lawyer who can help you understand your rights and file an appeal. The Findlay Team has over 40 years of experience helping people get the long-term disability benefits they deserve. 

Read more about 'Change of Definition' as it relates to a LTD Claim.

How Does a Long-Term Disability Lawyer Help Me get My Benefits Back?

If you have been out of work for an extended period of time, and you are no longer able to do the job that you used to do, you may be wondering how to get your long-term disability benefits back. This is where a Hamilton long-term disability lawyer can help. Once you connect with our team, a Findlay long-term disability lawyer will file all necessary paperwork and negotiate with your insurance company to get you the best possible outcome.

LTD Medical Records

Your medical records are vital evidence that supports your LTD claim.  It is recommended that you follow your physician's recommendations. This means attending all needed appointments, taking your medications that are prescribed to you, limiting your physical activity, (if that's what your doctor recommends), avoiding all illegal drugs, as well as eliminating or limiting your alcohol consumption.

If you don't follow the advice given by your doctor, the insurance company will argue that your actions are stopping you from getting better, and will deny your claim. If you are unable to afford your medical care during your LTD claim, we can assist in exploring areas of financial assistance while we're working on your legal case.

Dishonest Insurance Company Practices

Insurance companies are more concerned with their bottom line than they let on. They use “peace of mind” as a selling point for policies, but in reality this product is sold to make money - not because the company wants you have security or protection against unforeseen events that may occur.

Sadly, many people who thought they had valid coverage find themselves dealing with prolonged, conflict-filled claim "investigations" instead. Not only are these customers left to deal with this stress on their own, some even lose sleep over it due to anxiety caused by worrying over financial stress.

The long-term disability insurance industry has been around for many years, and during that time insurance companies have developed numerous tactics to avoid paying out claims. While some of these tactics may be legal, they can be considered dubious and dishonest, often leaving those who have long-term disabilities struggling to make ends meet.

One common tactic insurance companies use is to claim that the person does not suffer from a “total disability.” In other words, the insurer will claim that the policyholder is still able to work in some capacity, and is not truly disabled. This can be very frustrating for policyholders who are already struggling with their health. This can be determined, in part, by reviewing medical records and interviewing doctors. However, insurance companies have also been known to hire private investigators to take photos of claimants in an attempt to show that they are not as disabled as they claim.

Another tactic insurance companies use is to delay paying claims. This can be done in a number of ways, such as by reviewing medical records again and again, or by asking for additional information that is not relevant to the claim. When it comes to long-term disability claims, insurers use delay tactics as a way of wearing you down. They know that if they can delay the process long enough, many claimants will simply give up.

Unfortunately, many long-term disability claimants are already struggling financially and emotionally when they are faced with these types of tactics by their insurance company. When you are no longer able to work due to an illness or injury you may be tempted to take the first offer from your insurance company, but it is important to remember that these companies are profit driven, and that helping you get the full benefits you deserve doesn't fit into their profit driven approach.

You might be asking yourself, “What can I do?”.

The good news is that there are many things you can do to protect your legal rights and increase your chances of success. First and foremost, it is important to have an experienced Hamilton disability lawyer in your corner. Our lawyers have over 40 years of experience and knowledge to easily handle the insurance companies on your behalf. We know how to build a strong case for you and will pursue all available remedies.

We also recommend that you: 

  1. Contact a long-term disability lawyer.
  2. Keep a detailed journal of everything that happens leading up to and following your claim.
  3. Take pictures of anything related to your illness or injury.
  4. Hire an expert witness (if possible).
  5. Submit all medical evidence to your lawyer as soon as possible.
  6. Be prepared for a long process drawn out by the insurance company.

Receiving LTD Benefits

Your benefits are often calculated by the average of your income, and insurers will cover between 60 and 80 percent of your employment income. However, if you earn your income by overtime, commission, or bonuses, you should be contacting a Hamilton long term disability lawyer who will assist you in getting a fair estimate of your total earnings.

Your Insurance Provider

The insurance provider you work with can make the difference in how you approach an appeal for long-term disability denial. Check out our guides on how to deal with your respective provider and how we can help.

Talk to a Hamilton Long Term Disability Lawyer

Even if your claim seems simple and straightforward, insurance companies often delay, disagree with, or try to deny  any LTD claim.

If you've been denied your long-term disability claim, or have had your LTD cancelled/terminated suddenly, talk to one of our Hamilton long-term disability lawyers for free and see if you have a case. Simply call, click, or chat; lawyers are standing by 24 hours a day, 7 days a week. Call our Hamilton office at (905) 522-9799.

What to do if your long term disability claim is denied

20 Hughson Street South # 510
Hamilton, Ontario L8N 2A1
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