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Okotoks Long-Term Disability Lawyers

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A serious injury, illness, or mental health condition can make it impossible to keep working, even when your monthly bills continue. For residents of Okotoks, long-term disability insurance may provide important income replacement when a medical condition prevents you from performing your job.

Our Okotoks long-term disability lawyers help people whose disability benefits have been denied, delayed, or terminated by an insurance company. We can review your policy, explain the “own occupation” and “any occupation” tests, and help you understand whether your insurer’s decision may be challenged.

To speak with our Okotoks long-term disability lawyers, contact Preszler Injury Lawyers for a free initial consultation or call 1-888-494-7191. We can deal with the insurance company while you focus on your health.

What is Long-Term Disability Insurance in Okotoks?

Dealing with a serious physical injury or medical condition can force you to re-evaluate what is important in life. You may need to take a leave from work, but your regular expenses, including rent or mortgage payments, groceries, and bills, usually continue as normal. Long-term disability insurance may provide income replacement while you focus on treatment and recovery.

You have the option of buying long-term disability insurance privately or you may have access through your employer under a group disability insurance plan. Sometimes the employer pays the premiums, sometimes the employee contributes, and in some cases individuals purchase private coverage through a broker.

If you’re covered through a group plan, to apply for benefits, you’ll need to obtain a copy of your initial application from a member of your human resources team. You also may be able to get a copy directly from your insurance company on their website.

Make sure to diarize any due dates involved in the application process and do your best to stay ahead of them. Before beginning the application process, familiarize yourself with your insurance company’s policy and terms to determine that you are eligible. Navigating this process can be difficult. Our Okotoks long-term disability lawyers may be able to help answer your questions.

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What Medical Issues Are Covered Under Long-Term Disability?

Any injury or illness that prevents you from working can be covered under most long-term disability policies. To see if your diagnosis is covered, you should consult your insurance policy terms.

Covered ailments are not limited to strictly physical ones either. Mental health issues such as depression, anxiety, and panic attacks are also included. While the symptoms are not always obvious, they can still cause you to stop working.

Some common issues covered under many policies are:

  • Fibromyalgia
  • Multiple sclerosis
  • Cancer
  • Back problems
  • Migraines
  • Arthritis
  • Lupus
  • Lyme disease
  • Crohn’s disease
  • Psychological disorders
  • Bipolar mood disorder
  • Panic attacks
  • Herniated discs
  • Neurological disorders
  • Depression
  • Anxiety
  • Post-traumatic stress disorder (PTSD)
  • And more

The insurance company will likely want you to demonstrate at first that your issue restricts you from working in your current job. This is known as the “own occupation test.” If you are put on LTD benefits, then usually after two years (this number can vary), your insurer will want proof that you’re unable to work in any occupation that you might normally be qualified for. This is known as the “any occupation test.” Keep this in mind as you start to consider what information you’ll need to provide on your application.

What Information is Needed for a Long-Term Disability Benefits Application?

Your insurance company will likely require medical documentation to illustrate that your ailment prevents you from completing your occupational duties. This will likely involve visiting your healthcare provider for an examination. Your healthcare provider will also likely need to fill out a form on your behalf. While you may only need to visit your doctor(s), there’s a chance the insurance company will request that you be examined by a doctor of their choosing.

You may need to complete a phone interview with a representative from your insurance company. There may also be an in-person portion of the assessment as well. You’ll need to provide demographic information, banking information, occupational information, and any other information regarding your condition.

Your experience with this assessment may be different from what you previously heard from coworkers who also went through this process. Be patient and be an active participant in the assessment. The sooner these steps are completed, the sooner your insurance company can reach a decision. These claims can be overwhelming and confusing. You may want to contact our Okotoks long-term disability lawyers to schedule a free initial consultation about the LTD process.

The Role Your Doctor Plays In Your LTD Claim

Your doctor will play a key role in your application. Without strong medical support, your claim may be rejected. When you make a claim, your insurance company will likely ask for medical evidence showing that your condition prevents you from working.

Work closely with your healthcare providers so their notes and forms explain your diagnosis, symptoms, treatment, restrictions, limitations, prognosis, and how your condition affects the usual duties of your occupation. It is also important to follow reasonable treatment recommendations, because insurers often argue that claimants have not taken steps to mitigate their loss.

Why Was My Long-Term Disability Claim Denied?

Once you’ve provided all the necessary information, you may find yourself forced to wait up to 8 weeks for a decision. There is no set minimum amount of time within which insurance companies must make their decisions with these claims.

At the end of this long wait, you may be told that your claim has been denied. This can be discouraging and disappointing. There are several reasons why a claim might be denied. It’s essential that you understand the reason given.

Some typical reasons for an LTD denial are:

  • Your insurer disagrees with your doctors regarding your condition
  • Your insurance company does not believe you are “totally disabled”
  • Your insurer believes you can work in a different field
  • Your insurer has acquired evidence that contradicts your claims
  • Your insurer believes there is no diagnosis for your disability
  • A pre-existing condition excludes you from collecting LTD benefits
  • You have not been following your treatment plan
  • And more

This is not an exhaustive list. Any one of these reasons may be considered a wrongful denial. Our lawyers have been successful in winning cases that were originally denied for all of the reasons noted above.

If you cannot work sustainably, you will likely want to dispute your denial. Keep in mind that your insurance company likely has lots of experience with these types of claims. You will want someone negotiating on your behalf who has similar experience, knows the law, and has experience winning LTD denial cases. Our personal injury lawyers serving Okotoks can also assist individuals whose disabilities resulted from accidents or injuries by reviewing their claim and explaining the legal options available.

How Our Okotoks Long-Term Disability Lawyers Can Help

For people in Okotoks, Foothills County, High River, and the south Calgary region, LTD disputes often involve careful review of policy wording, medical records, work duties, treatment history, and the insurer’s reasons for denying or terminating benefits.

Once retained, our team can handle communications and negotiations with the insurance company, review the denial letter and policy wording, request relevant records, work with medical evidence, and build a claim that explains why benefits should be paid.

Our Okotoks Long-Term Disability Lawyers Are Available for a Free Initial Consultation

Our legal team is familiar with long-term disability claims like yours and with the tactics used by insurance companies to withhold benefits. If you are eligible to dispute your claim, we may be able to help you recover compensation that you are entitled to.

Schedule a free initial consultation with Preszler Injury Lawyers today. Our phone lines are open 24/7 at 1-888-494-7191.

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Watch Our long-term disability Videos

Check out our video series where we break down many interesting topics about long-term disability claims in Alberta.

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Commonly Asked long-term disability Questions

Here are our most asked questions on long-term disability claims.

Long-term disability claims arise when you have disability insurance, either through your work or privately, that denies your claim after you have become disabled.

Yes. The Insurance Act, RSA 2000, sets a two-year limitation period that commences two years after the claims arise.

Long-term disability cases are several heads of damage that are assessed independently. First, there is the arrears or the past benefits that have not been paid. Next, there are potential future benefits. Finally, if a denial was made in bad faith, there may be extracontractual damages that can include aggravated damages or even punitive damages against the insurance company.

You can claim contractual damages for past benefits that should have been paid. In a settlement discussion, you can claim for future benefits that will be paid, but in a trial, you cannot make this claim. Finally, if the denial was in bad faith, you can make an extracontractual claim for aggravated damages and/or punitive damages.

The most common causes of disability are related to chronic pain and psychiatric disorders like anxiety or depression. However, there are many causes of disability, including:

  • Chronic pain;
  • Depression;
  • Anxiety;
  • Brain injury;
  • Stroke;
  • Heart attack;
  • Cancer;
  • Injury;
  • COVID;
  • Stroke;
  • Orthopaedic injury;
  • Paralysis;
  • And more.

The insurance company will provide you with options to appeal their decision. Keep in mind these appeal processes are usually created by the insurance company and adjudicated by the insurance company. And they do not stop the limitation period from running. Our lawyers will file a lawsuit instead and put the claim into the impartial realm of the court system.

Copies of your policy, the denial letter, and your medical records are generally needed to support your long-term disability claim. Our lawyers can work with you to determine what documents exist and how to collect them to make sure nothing is missing.

If you have been denied long-term disability benefits, it is time to contact a lawyer to discuss next steps. Our consultations are always free, and there is no obligation to sign up.

Yes. Mental illness is increasingly being recognized as a real and problematic cause of disability for a substantial percentage of the population. In addition, these ailments are often invisible. Because of that, insurance companies will suggest that you have not met your burden to prove your mental illness exists and is disabling to deny your claim.

The long-term disability claims we handle are from private long-term disability companies. Canada Pension Plan Disability is a statutory pension plan run by the Federal Government that you may or may not qualify for depending on your contributions to CPP and your injuries.

Short-term disability is similar to long-term disability but has a shorter waiting period to kick in and a shorter duration. Sometimes, the insurer or entity that pays short-term disability is different than the insurer that pays long-term disability. Since it is a different benefit, there is often some difference in the compensation formula between the two.

Sometimes yes. Long-term disability contracts are often set up to have an exclusion for pre-existing conditions. These exclusion clauses typically only apply if you become disabled within the first year of coverage on most group policies. However, it is very important to read the specific language of your insurance policy if you have become disabled from a long-standing or pre-existing ailment.

FIGHTING FOR LTD BENEFITS IN OKOTOKS?

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