Disability Insurance Lawyers Serving Physicians Across Ontario
Our lawyers represent physicians throughout Ontario and other provinces. We have experience dealing with the insurance policies covering disabled physicians, and requiring the insurance company to recognize that there is medical documentation supporting an inability to perform the demanding role of a physician.
Understanding Doctor Disability Claims
Disability claims for doctors require careful consideration of the demands of the profession including clinic and hospital hours and requirements, and the cognitive and physical demands of the area or specialty practiced. It is also necessary to prove the financial loss or reduction in income which occurs as a result of the disability. It is important to hire a long term disability lawyer who will work with you to build a strategy to attack the denial, recognizing the insight that you will have regarding your illness and your ability to work.
Common Disability Claims
Doctors can become disabled by any number of conditions, both physical and mental diagnoses. Examples of common conditions which cause disability include:
- Physical medical conditions including carpal tunnel syndrome and other repetitive strain injuries, shoulder and neck strain, rheumatoid arthritis, trigger finger, tendinitis, and joint pain
- Mental illness including anxiety disorders, depression, PTSD and bipolar disorder
- Chronic pain, chronic fatigue syndrome and fibromyalgia
- Autoimmune conditions such as irritable bowel disease, multiple sclerosis and Parkinson’s disease
- Post cancer treatment fatigue and neuralgia
- Substance abuse disorders
Reasons for Physician Disability Claim Denials
Common reasons that insurance companies deny physicians’ disability claims include:
- Insufficient medical documentation supporting disability
- The insurance company suggests that the physician can work in an alternate form of the profession such as teaching or taking on a lesser role in the specialty
- The insurer fails to understand the true nature of the duties required by the physician’s area of practice
- Medical condition causing the disability is alleged to be pre-existing and excluded from coverage
- The insurer arranges an independent medical examination which refutes the treatment providers’ opinion of disability
- The insurance company claims that any loss of income has not occurred as a result of the diagnosis, injury or illness but for some other reason
Why Hire a Lawyer for Your Disability Income Denial
The decision to submit a long term disability claim is a difficult one. You have worked hard to complete a medical education and have invested heavily in your career. You would never make a claim under your long term disability policy if you weren’t sure that your illness or injury was impacting your ability to work.
It can be incredibly discouraging to receive the insurance company’s denial letter. There is no risk in making an appointment for a free consultation and finding out the process involved in challenging the claim denial.
Preparing for the Appeals Process
The appeals process involves gathering documents which support the diagnosis and the degree that the illness or injury causes functional limitations and restrictions from working. It will also be important to prove the income earned prior to disability and the income loss which resulted from working less in your profession.
Many appeals are denied – after all, the insurer is reconsidering its own denial and most insurance companies do not have a robust and independent appeal process. Therefore, it will be important to have a back up plan to hold the insurer to account – starting a lawsuit.
Starting a Lawsuit for Disability Benefits
Even after providing ample medical records, the insurance company may refuse to accept your claim for disability benefits. We have expertise in lawsuits involving disability insurance claims and negotiating resolutions with insurers. If an appropriate settlement is not available, we will pursue a court award for you.
We Help Doctors Challenge Denied Disability Claims
If you are a doctor who has been denied income replacement benefits, the legal professionals at Burn Tucker Lachaîne know insurance policies which cover physicians. If your practice is impacted by your health, we can help you to challenge your disability denial so that you can focus on your recovery and return to your patients and the profession you love.
March 6, 2025 
