In British Columbia, long-term disability claims are typically governed by the Insurance Act and the specific terms of insurance policies. Lawyers often have coverage through their employer’s group insurance plan which outlines the eligibility criteria, the definition of disability, and the process for making a claim. The definition of “disability” can vary significantly between policies and often an insurance plan will require that the individual be unable to perform their own occupation for the first two years of disability and thereafter that they be unable to perform any occupation in order to qualify as “disabled” under the policy.

In British Columbia lawyers have access to insurance coverage through specialized providers (Including the Canadian Bar Insurance Association, often referred to as Lawyers Financial) and plans which are more beneficial than the standard commercial policy due to the high earning potential of lawyers. This can result in higher disability benefits and better and more comprehensive coverage. While this is a benefit if your insurer is paying your long-term disability benefits, it can also lead to your insurer paying closer attention to your claim to look for reasons to cut your benefits off.

Common Injuries & Conditions Leading to Lawyer on Disability

As with anyone working a job, lawyers can be subject to the same illnesses and conditions that can lead to disability for anyone else, such as a diagnosis of cancer or a stroke.  However, unlike other employment, lawyers can be subject to extremely demanding and stressful duties which is often stressful and result in mental health issues. Due to this, many lawyer long-term disability claims have to do with claims relating to substance abuse and psychological disability such as anxiety, depression and PTSD.

Why Lawyer Long-Term Disability Claims Get Denied

Each denial of long-term disability benefits is specific to the facts of the claim and the wording of the particular insurance policy, however some of the more common reasons lawyer long-term disability claims are denied are:

• Policy Exclusions – Insurance policies often contain specific exclusions that can lead to denied claims. For instance, certain pre-existing conditions or mental health issues may not be covered. Teachers should carefully review their policy to understand what type of disability is covered and what might be excluded, as this knowledge will be essential during any claim or appeal process.

• Insufficient Medical Evidence – One of the primary reasons for denial is a lack of adequate medical documentation. Insurers require comprehensive medical records that clearly demonstrate the severity and impact of the nurse’s condition. Lawyers must ensure their healthcare providers document their limitations and the necessity for long-term disability.

• Failure to Follow Treatment Plans – Insurers may deny claims if they believe the claimant has not adhered to prescribed treatment plans. Lawyers must ensure they follow all medical recommendations and keep thorough records of their treatments and compliance.  Not following your doctor’s advice can lead to a denial of long-term disability benefits.

Legal Counsel for a Lawyer with a Long-Term Disability Denial 

Being a lawyer is well known to be a stressful and demanding profession, and having to challenge a denial of long-term disability benefits you should rightfully be entitled to is another source of stress that no one wants to deal with.

If you or someone you know is a lawyer and has been denied their legitimate long-term disability claim, the experienced insurance denial lawyers at Taylor & Blair LLP can help make sure the insurance company pays out the benefits that are owed. Lawyers have specialized long-term disability contracts which require careful review from an experienced long-term disability denial lawyer in order to fight back against the denial of benefits.

To help expedite a review of your claim, please have a copy of your long-term disability denial letter, a copy of your long-term disability policy and, ideally, a copy of your file with the insurance company. You are entitled to a copy of your file materials from the insurance company and your insurer will provide you with them if you request a copy. If you haven’t already requested a copy of your file materials after your long-term disability was denied, do so today, as your lawyer will need your insurance file to properly pursue your claim for long-term disability benefits.

There are strict timelines in which you have to bring a lawsuit to enforce your rights to long-term disability benefits. Contact the lawyers at Taylor & Blair LLP today for a free consultation.

If you are also dealing with the physical or psychological impact of an accident, our personal injury practice assists clients across Vancouver, North Vancouver, Burnaby, Richmond, Surrey, Langley, and Port Coquitlam with claims that often overlap with long-term disability issues faced by lawyers.