What To Do When Your Long-Term Disability Has Been Denied?

Taylor & Blair LLP Featured on Clearway Law

The lawyers at Taylor & Blair LLP have been fighting against insurance companies for their client’s rightful disability benefits for over 30 years. David A. Goldberg, a partner at Taylor & Blair LLP, was honoured to be invited to speak to the team at Clearway Law to lend his experience and knowledge for their article about what to do when your long-term disability is denied.

Clearway Law offers a free online platform for Canadians to use when they need to legal assistance.  Their website can help you find lawyers with expertise in the specific area of law you need legal assistance in. They have a wide network of legal professionals they can call on with an array of specialities.  Clearway Law posts articles on a number of legal topics covering multiple areas of law.

There are few things as devastating as being denied your long-term disability when also dealing with a debilitating injury or illness. Losing the financial safety-net you thought you were going to be able to rely on can be terrifying not only for the disabled party, but their family who will be equally affected.

What To Do When Your Long-Term Disability Has Been Denied?

There are many steps to take, but the first and most important is to make sure your insurance company has stated in writing exactly why they are denying your long-term disability claim.  Once they have established their basis for denying your claim, they cannot then change their position going forward and more often than not the insurance adjuster who denied your claim is not as experienced as the one who will deal with a lawsuit to enforce your rights to long-term disability benefits.  While your insurance company’s obligations to you do not rise to the level of fiduciary, they do owe a duty to you to act in good faith which means they have to be open and transparent about all aspects of handling your claim, including as to why they are denying it.

Make Sure Your Doctor Is Onside

At the end of the day it is almost always a doctor’s opinion which will decide whether or not you are disabled pursuant to the terms of your long-term disability policy.  Make sure you see your treating doctor and/or specialists to confirm their diagnosis, prognosis, and that they support your continued disability. Obtaining a letter from them can always help.

Start A Lawsuit

If your insurance company still denies your long-term disability benefits after receiving confirmation from your medical practitioners there is likely nothing else you can do that will change their mind.  They may direct you to their own internal appeal process, but if you’ve already provided them with medical proof of your disability there is likely nothing you can do to change their mind.

What you can do is start a lawsuit to enforce your rights under your insurance policy.  An experienced insurance denial lawyer can make sure you get the benefits you are entitled to.

You can read the full Clearway article here.

There are strict timelines you need to adhere to if you need to file a legal claim to enforce your rights to long-term disability benefits.  If you need help for a denied long-term disability claim contact the lawyers at Taylor & Blair LLP today.