Types of Disability Benefits
We have handled legal actions for the following types of disability claims:
- short term disability benefits
- long term disability benefits
- mortgage or line of credit disability benefits (creditor insurance)
- private disability claims often referred to as disability income benefits
Common Reasons Insurance Companies Deny Claims
Insurance companies deny disability claims for the following, among other reasons:
- insufficient medical evidence
- the medical condition which causes the disability is excluded because it was a pre-existing condition
- failing to meet the time limits set out in the insurance policy
- the insurance provider may take the position that a condition such as chronic pain is not payable because the insured person has not been seen by a chronic pain clinic
- many people suffering from mental health issues are on waiting lists for psychiatric care and the insurer may take the position that the person is under inadequate treatment
How to Appeal a Denied Disability Claim
Insurance providers usually outline an appeal process in the denial letter. An LTD lawyer can review your disability claim and give you an opinion about whether an appeal will be successful. For instance, if the appeal will be simply asking the insurance company to reconsider its own decision based on the same medical evidence which was submitted with the application for benefits, it is unlikely to be successful.
There are times where you should appeal the denial or termination of your claim such as when the insurance policy requires you to appeal the decision before you can pursue legal action. In addition, if you have received a change in diagnosis or treatment or new medical records are available, it may be advisable to appeal the denial.
Our disability lawyers can provide you with a free consultation to advise you about whether you should appeal. The appeal involves the following steps:
- Advise the insurer that you wish to appeal;
- Request a copy of the insurance policy;
- Gather medical evidence supporting your claim;
- Advise the insurer of any outstanding referrals or tests which are expected;
- Obtain a copy of the denial letter and the long term disability claim file; and
- Write a detailed letter setting out which the medical condition satisfies the definition of disability in the policy.
Why Work with a London Long Term Disability Lawyer
Many personal injury lawyers handle disability claims but it is important to find a lawyer who understands that long term disability claims are based in contract law rather than tort law which involves suing the person who caused an injury.
LTD lawyers understand what insurance providers need to see in order to accept that a particular medical condition prevents the insured from working. Long term disability lawyers regularly work with clients who suffer from chronic fatigue syndrome, mental health diagnoses and chronic pain and are aware of how to prove the extent of disability caused by these conditions.
Disability law is a niche area of the law and it is important to hire someone with a deep understanding of the LTD claims process, the insurance companies offering this coverage and how to seek the financial support LTD benefits provide.
How Our Lawyers Can Help Win Your Claim
In most cases, our law firm can represent you on a contingency fee basis which means that there are no upfront fees. We take on the financial risk of obtaining the records and expert reports necessary to pursue your law suit. If appropriate, we can write a letter pursue an internal appeal of the insurer’s decision. If your appeal is unsuccessful or if you do not submit an appeal, we will start a law suit to claim the LTD benefits owed for the past and future benefits by requesting a declaration of disability from the court.
Your legal team will work with you to understand the job that you performed when you became disabled, the challenges posed by your medical condition and the treatment you have had. We will determine the coverage period, and the amount of long term financial support set out in your insurance plan.
Contact Our Long Term Disability Lawyers to Discuss Your Case
We can provide you with advice regardless of the stage of your long term disability claim. Many people need legal help to know what the insurer needs to see in an application for benefits, your obligations when you are receiving benefits or what to do when the insurer threatens to terminate benefits. Contact Burn Tucker Lachaîne for a free initial consultation today. It will be the first step in securing the legal expertise necessary to obtain your benefits.