Why Are Disability Benefits Denied?
Long term disability benefits are denied for a variety of reasons. Primary reasons for disability insurance benefits claim denials include failure to file in accordance with the insurance policy’s set requirements – which include a time limit – failing to support the claim with sufficient medical evidence, failing to persuade the insurer that you qualify under the definition of disability in the policy, and issues related to following through with medical instructions. Your claim may also be denied because the insurer claims that your disability was caused by a pre-existing conditions.
Types of Disability Claims Our LTD Lawyers Can Handle
Burn Tucker Lachaîne is a trusted law firm that has been ably handling cases like yours for more than ten years, including those involving serious illnesses and injuries like the following:
- Traumatic brain injuries and post concussion symptoms
- Neurological illnesses
- Rheumatological conditions
- Cancer and continuing disability caused by cancer treatment
- Chronic pain
- Post Traumatic Stress Disorder, Anxiety, Depression and other Mental Health Conditions
Eligibility for Disability Benefits
In order to obtain disability benefits, you’ll need to meet the eligibility requirements, which can vary from policy to policy. The basics, however, require that you have an injury or illness, which may or may not be job related, that stops you from performing your job for a significant amount of time and that meets the insurance company’s definition of disability. You’ll need to file your claim according to the set requirements and the filing deadline in the policy and will need to back it up with persuasive medical evidence.
Retaining an experienced lawyer with a deep understanding of disability insurance coverage is the surest means of establishing eligibility early on, which can help pave the way toward a smoother claims process and can better protect your financial rights.
Appealing a Denied Long Term Disability Claim
If your LTD claim has been denied, there is an appeals process in place, and if there is an error in your original filing or if it lacked critical information that supports your claim, your lawyer can help you file a successful appeal. If, however, your claim was denied on the basis that the insurer doesn’t agree that your condition satisfies the definition of disability, an appeal is less likely to succeed.
While an appeal may simply delay proceeding with a lawsuit to enforce your rights under the disability policy, it is important to consider whether you are required to submit an appeal. Some insurance companies include policy terms which require you to proceed with an internal appeal of the insurer’s decision before you can start a lawsuit. It’s important to hire an experienced lawyer in order to assess whether you can skip the appeal process.
Internal appeals rarely succeed because the insurer (sometimes the original person who denied the claim) is simply reconsidering the same medical records you submitted with your application in order to determine if it should have made a different decision. Hiring a respected law firm with legal expertise specific to disability insurance to start a lawsuit will require the insurer to hire a lawyer to defend it. That lawyer will allow the battle to be waged between two legal professionals rather than a disabled person against a large corporation. The dispute becomes more manageable with strong legal support for your your case. A focused LTD lawyer will help you make the right choices for your case throughout the legal process.
Amount of Benefits
The benefit payment associated provided by your long term disability coverage will be based on a specific percentage of your earnings at the time you became disabled. The long term disability insurance policy will specify the percentage and whether the benefit has a cost of living component. The policy will also provide whether the LTD benefits are subject to income tax.
Why Choose Our Carleton Place Long Term Disability Lawyers
The dedicated Carleton Place LTD lawyers at Burn Tucker and Lachaîne appreciate how important your long term disability claim is to financial security and the stress associated with a denied claim for benefits. Our accomplished legal team will fiercely advocate for a reasonable settlement. Failing that, we are prepared to proceed to trial if your long term disability benefits cannot be fairly compensated in a negotiated settlement. We care about you and your claim, so please don’t put off reaching out and contacting or calling us at 613-917-0909 for more information about how we can help you today.
March 6, 2025 
