​Facing a denial of long term disability (LTD) benefits can be a devastating blow, especially when you're already dealing with the challenges of a disability. The financial strain, coupled with the emotional toll, can feel overwhelming. Unfortunately, this scenario is not uncommon. Disability Insurance companies often deny claims as a tactic to save money, leveraging an unfair advantage over those who are already vulnerable. At Iacobelli Law Firm, we understand these dynamics and are committed to fighting for your rights without adding to your financial burden.

The Impact of Denied Long Term Disability Benefits
When your LTD benefits are denied, the financial consequences can be severe. Without the income replacement that these benefits provide, you may struggle to cover basic living expenses, medical bills, and other necessary costs. This financial hardship can lead to:

• Increased Debt: Many people turn to credit cards or loans to make ends meet, leading to mounting debt and financial instability.
• Loss of Assets: In severe cases, individuals may have to sell their homes, vehicles, or other assets to stay afloat.
• Emotional Stress: The anxiety and stress of financial insecurity can exacerbate your health condition, creating a vicious cycle that hinders your recovery.

Insurance Companies’ Tactics
Insurance companies are in the business of making profits, and one of their strategies to protect their bottom line is to deny or delay legitimate claims. They may use various tactics, such as:

• Challenging Medical Evidence: They might argue that your medical evidence is insufficient or not convincing enough to support your claim.
• Misinterpreting Policy Terms: Insurers can interpret the terms and conditions of your policy in a way that favors them, leading to unjust denials.
• Delaying Claims: By dragging out the process, they hope claimants will give up out of frustration or financial necessity.

These tactics are designed to create leverage and push claimants into accepting less than they deserve, or abandoning their claims altogether.

How Iacobelli Law Firm Can Help
At Iacobelli Law Firm, we are dedicated to holding insurance companies accountable for their actions. Our experienced LTD lawyers are well-versed in the tactics used by insurers and are prepared to fight for your rights. Here’s how we can help:

• No Upfront Costs – Contingency Fee Basis

We understand that the last thing you need during this difficult time is additional financial stress. That's why we work on a contingency fee basis. This means you pay nothing unless we win your case. Our fees are only collected as a percentage of the compensation we secure for you, allowing you to access top legal representation without worrying about upfront costs.

• Comprehensive Legal Support

Our team will thoroughly review your case, gather all necessary medical and vocational evidence, and develop a strong legal strategy to support your claim. Whether you are filing an initial claim or appealing a denial, we are here to provide the expert guidance you need.

• Results-Driven Advocacy

We are not afraid to take on insurance companies and challenge their unfair practices. Our goal is to secure the full benefits you are entitled to, and we will negotiate aggressively on your behalf. If necessary, we are prepared to take your case to court to ensure justice is served.

• Compassionate Advocacy

We recognize the emotional and financial toll of a disability and a denied claim. Our lawyers provide compassionate and personalized support, treating each case with the care and attention it deserves.

A denial of long term disability benefits can create significant financial hardship and is often a tactic used by insurance companies to save money. At Iacobelli Law Firm, we understand these challenges and are committed to fighting for your rights. By working on a contingency fee basis, we ensure you can access top legal representation without upfront costs. Let us help you hold insurance companies accountable and secure the benefits you deserve. Contact us today for a free consultation and take the first step towards justice.

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death in Canada and the United States.  Andrew is a lifetime member of the Million Dollar Advocates Forum, and  the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Andrew also hosts a popular podcast and YouTube channel on the subject of personal injury law and the rights of injury victims. 

Long-term disability (LTD) insurance provides financial support to individuals who are unable to work due to a serious illness or injury. At Iacobelli Law Firm, we frequently receive inquiries about the intricacies of LTD claims, particularly regarding lump sum buyouts. In this blog post, we'll delve into the key aspects of LTD claims and the potential benefits and drawbacks of opting for a lump sum buyout.

What is a Long-Term Disability Claim?
A long-term disability claim is a request for financial assistance made by an individual who cannot work due to a debilitating medical condition. These claims are typically filed with an insurance company that provides LTD coverage, either through an employer-sponsored plan or a privately purchased policy.

The process of filing an LTD claim involves submitting medical evidence of the disability, demonstrating how it impairs the ability to work, and proving that the condition meets the policy's definition of disability. Once approved, the claimant receives monthly benefits to replace a portion of their lost income.

Lump Sum Buyouts Explained
A lump sum buyout is an offer made by an insurance company to settle an LTD claim with a one-time payment rather than ongoing monthly benefits. This option can be appealing for several reasons, but it also requires careful consideration of various factors.

Advantages of Lump Sum Buyouts

• Financial Flexibility: A lump sum provides immediate access to a substantial amount of money, which can be used for various purposes such as paying off debt, investing, or covering large expenses.
• Control Over Finances: Receiving a lump sum allows claimants to manage their finances independently, without relying on monthly payments from the insurance company.
• Closure: Accepting a lump sum buyout can bring a sense of closure, eliminating the need for ongoing interactions with the insurance company and potential disputes over continued eligibility for benefits.

Disadvantages of Lump Sum Buyouts
Potential Underpayment: Insurance companies may offer a buyout that is less than the total value of the future monthly benefits. It's crucial to carefully evaluate the offer to ensure it is fair.

• Financial Management Risks: With a large sum of money comes the responsibility of managing it wisely. Poor financial decisions or unexpected expenses can deplete the funds faster than anticipated.
• Tax Implications: Depending on your jurisdiction, a lump sum payment may have different tax implications compared to monthly benefits. It's important to consult with a tax advisor to understand the potential impact.

Considerations Before Accepting a Lump Sum Buyout
Assess Your Financial Situation: Consider your current and future financial needs, including medical expenses, living costs, and long-term financial goals.

Evaluate the Offer: Compare the lump sum offer to the total value of your remaining monthly benefits. It may be helpful to consult with a financial advisor or an attorney who specializes in disability claims to ensure the offer is fair.

Understand the Terms: Carefully review the terms of the buyout offer, including any conditions or waivers that may affect your rights.

Seek Professional Advice: Consulting with professionals who have experience in LTD claims and lump sum buyouts can provide valuable insights and help you make an informed decision.

Deciding whether to accept a lump sum buyout for your long-term disability claim is a significant decision that should not be taken lightly. At Iacobelli Law Firm, we are committed to helping our clients navigate the complexities of LTD claims and make decisions that best serve their interests. If you have questions about your LTD claim or need assistance evaluating a lump sum buyout offer, please don't hesitate to contact us.

If you have any further questions or need personalized advice regarding your LTD claim or lump sum buyout, feel free to reach out to our team. We're here to support you every step of the way.

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death in Canada and the United States.  Andrew is the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". ​

Long-term disability insurance is designed to provide financial support to individuals facing debilitating illnesses or injuries. However, despite the importance of these policies, many legitimate claims are denied by insurance companies. At Iacobelli Law Firm, we believe that understanding the common reasons for long-term disability insurance denials is crucial for policyholders. In this article, we shed light on these reasons, empowering you to avoid potential pitfalls and increase your chances of a successful claim.

Reason 1: Lack of Sufficient Medical Evidence
One of the most common reasons for long-term disability insurance denials is insufficient medical evidence. Insurance companies require detailed documentation of your medical condition, treatment, and its impact on your ability to work. Failing to provide comprehensive medical records, doctor's reports, and test results can lead to claim denials.

Tip: Consult with your healthcare provider and ensure they provide thorough and accurate medical records that align with your policy's disability criteria.

Reason 2: Failure to Meet Policy Definitions
Each long-term disability insurance policy has specific criteria for what constitutes a qualifying disability. Claims are often denied when policyholders do not meet these definitions. It's essential to review your policy thoroughly and understand the conditions and limitations it sets forth.

Tip: Seek legal guidance if you're unsure whether your condition meets the policy's definition of disability.

Reason 3: Missed Deadlines and Notifications
Insurance companies have strict deadlines for reporting disabilities and filing claims. Failing to notify your employer or insurer promptly or missing submission deadlines can result in a denied claim.

Tip: Familiarize yourself with the notification and filing requirements in your policy, and be sure to adhere to them.

Reason 4: Lack of Consistency in Medical Records
Inconsistencies in your medical records can raise red flags for insurance companies. Ensure that all medical documentation is consistent and accurately reflects the severity and progression of your condition.

Tip: Keep a diary to track your symptoms, doctor's visits, and medications, which can help maintain consistency in your records.

Reason 5: Pre-Existing Conditions and Waiting Periods
Many policies include waiting periods before benefits are payable, and they may exclude pre-existing conditions. Claims can be denied if a policyholder is within the waiting period or if the disability is deemed related to a pre-existing condition.

Tip: Review your policy's waiting period and pre-existing condition provisions carefully to understand how they affect your coverage.

Reason 6: Failure to Cooperate with Insurer's Requests
Insurance companies may request additional information, medical exams, or interviews during the claims process. Failing to cooperate fully can lead to claim denials.

Tip: Be responsive and provide requested information promptly. Keep records of all interactions with the insurance company.

Reason 7: Discretionary Clauses and Appeals
Some insurance policies contain discretionary clauses, giving the insurer broad discretion in claims decisions. This can make it challenging to appeal denied claims. Seek legal assistance if you encounter such clauses.

Tip: Consult with a lawyer experienced in long-term disability insurance claims for guidance on navigating discretionary clauses and the appeals process.

In conclusion, understanding the common reasons for long-term disability insurance denials is vital for policyholders seeking to secure the financial support they deserve. At Iacobelli Law Firm, our dedicated team of legal professionals is here to assist you in your time of need. If your long-term disability claim has been wrongfully denied, contact us for a free consultation. We're committed to advocating for your rights and ensuring you receive the benefits you are entitled to under your policy.

If your LTD claim has been denied, contact us for a Free Consultation.  There is no obligation, so you can meet with an experienced disability denial lawyer that has recovered millions of dollars on behalf of injury victims just like you.   To get started, call us anytime, our phone lines are open 24 hours 7 days per week, or complete our online contact form here.  

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death in Canada and the United States.  Andrew is a lifetime member of the Million Dollar Advocates Forum, and  the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Andrew also hosts a popular podcast and YouTube channel on the subject of personal injury law and the rights of injury victims. 

When unexpected medical conditions strike, long-term disability insurance can provide the financial support necessary to maintain your quality of life. However, navigating the claims process can be complex and overwhelming. At Iacobelli Law Firm, we understand the importance of simplifying this process for our clients. In this article, we provide you with a comprehensive step-by-step guide to demystify long-term disability insurance claims.

Step 1: Understand Your Policy
Before you even begin the claims process, it's crucial to thoroughly understand your long-term disability insurance policy. Review your policy documents carefully, paying attention to the coverage details, waiting period, benefit amount, and any exclusions or limitations. If you have any questions or need clarification, don't hesitate to contact an experienced Long Term Disability lawyer. 

Step 2: Notify Your Employer and Insurance Provider
Promptly inform your employer and insurance provider about your disability. Typically, policies require you to notify them within a specific timeframe after becoming disabled. Failure to do so could result in a denial of your claim.

Step 3: Gather Documentation
Collect all necessary documentation to support your claim. This includes medical records, doctor's reports, diagnostic test results, and any other evidence of your disability. Keep a record of all medical appointments and treatments.

Step 4: Complete the Claim Application
Fill out the claim application provided by your insurance company accurately and completely. Be detailed and provide all requested information, including your medical history, work history, and the nature of your disability. Ensure that you meet all deadlines for submission.  It's a good idea to consult with an experienced disability insurance lawyer before submitting your application. 

Step 5: Consult with Your Healthcare Provider
Consult with your treating physician regarding your long-term disability claim. They can provide essential medical opinions and records that support your case. Make sure your doctor is aware of the specific criteria your insurance policy requires for disability qualification.

Step 6: Keep a Detailed Diary
Maintain a diary documenting your disability's impact on your daily life. Include details about pain, discomfort, medication side effects, and any limitations in your activities. This personal account can be a powerful supplement to your medical records.

Step 7: Communicate with Your Insurance Adjuster
Expect regular communication with an insurance claims adjuster. Cooperate fully, promptly providing requested documents and information. Keep records of all correspondence and conversations.  Again, if you are not sure about why the adjuster is requesting the information, speak to a lawyer.  

Step 8: Be Prepared for a Possible Medical Examination
Some insurance policies may require an independent medical examination (IME) by a doctor chosen by the insurance company. Be prepared to attend the IME and provide accurate information about your condition.  If you are asked to participate in an insurance medical examination, you should speak with a lawyer to get informed about your rights and the process.  Usually, if the insurance company is asking you to see a doctor of their choosing, they may be preparing to deny your claim. 

Step 9: Review the Decision
Once your insurance provider reviews your claim, they will make a decision. If your claim is approved, congratulations! If denied, request a detailed explanation for the denial, including the policy provisions or evidence used to make the decision.

Step 10: Consider Legal Assistance
If your long-term disability insurance claim is denied, it may be necessary to seek legal assistance. An experienced long term disability insurance lawyer can help you appeal the decision and navigate the complex appeals process.

Navigating long-term disability insurance claims can be challenging, but with the right knowledge and guidance, you can increase your chances of a successful outcome. At Iacobelli Law Firm, we are dedicated to helping individuals secure the benefits they deserve. If you're facing a denied claim or need assistance with any aspect of the claims process, contact our experienced team today for a free consultation. We're here to advocate for your rights and ensure you receive the support you need during this challenging time.

If your LTD claim has been denied, contact us for a Free Consultation.  There is no obligation, so you can meet with an experienced disability denial lawyer that has recovered millions of dollars on behalf of injury victims just like you.   To get started, call us anytime, our phone lines are open 24 hours 7 days per week, or complete our online contact form here.  

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death in Canada and the United States.  Andrew is a lifetime member of the Million Dollar Advocates Forum, and  the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Andrew also hosts a popular podcast and YouTube channel on the subject of personal injury law and the rights of injury victims. 

When a person becomes disabled and is unable to work, long-term disability (LTD) benefits can be a crucial source of financial support. However, even if a person has paid for LTD insurance, their claim for benefits may be denied. Here are some reasons why an LTD claim may be denied and what to do if it happens.

Failure to Meet the Policy Requirements
One of the most common reasons an LTD claim may be denied is because the person does not meet the policy requirements. LTD policies have specific guidelines for what constitutes a disability and how long a person must be unable to work before they are eligible for benefits. If the person's disability does not meet these guidelines, their claim may be denied.

Lack of Sufficient Medical Evidence
When applying for LTD benefits, it is important to provide medical evidence that supports the claim. This includes detailed information about the disability, how it affects the person's ability to work, and the treatments that have been tried. If there is not enough medical evidence to support the claim, the insurer may deny it.

Disputes Over the Cause of the Disability
In some cases, the insurer may dispute the cause of the disability. For example, they may argue that the disability is a result of a pre-existing condition, rather than an injury or illness that occurred after the policy was taken out. If there is a dispute over the cause of the disability, the insurer may deny the claim.

Failure to Meet Deadlines
When filing an LTD claim, there are strict deadlines that must be met. For example, the person must file their claim within a certain period of time after becoming disabled. If these deadlines are not met, the insurer may deny the claim.

What to Do if Your LTD Claim is Denied

If your LTD claim is denied, it is important to understand your options. The first step is to review the denial letter and understand the reasons why the claim was denied. It may be possible to appeal the decision or to provide additional evidence to support the claim.

In some cases, it may be necessary to take legal action. A lawyer who specializes in LTD claims can help you understand your rights and options, and can represent you in any legal proceedings.  Hiring a lawyer who specializes in LTD claims can be extremely beneficial. Here are some ways that a lawyer can help you if your LTD claim is denied:

Reviewing the Denial Letter
A lawyer can review the denial letter from the insurance company and help you understand the reasons for the denial. They can also explain your legal rights and options for appealing the decision.

Filing an Appeal
A lawyer can help you prepare and file an appeal of the insurance company's decision. This may involve gathering additional medical evidence, reviewing the policy language, and arguing your case in front of an appeals board.

Representing You in Litigation
If your appeal is denied, a lawyer can represent you in litigation against the insurance company. This may involve filing a lawsuit and presenting evidence in court to support your claim for LTD benefits.

Negotiating a Settlement
In some cases, a lawyer can negotiate a settlement with the insurance company that provides you with the benefits you are entitled to. This can often be a faster and more cost-effective solution than going to court.

A lawyer can provide you with legal advice and support throughout the entire process of appealing a denied LTD claim. They can answer your questions, help you understand your legal rights, and provide guidance on the best course of action to take.

If your LTD claim has been denied, contact us for a Free Consultation.  There is no obligation, so you can meet with an experienced disability denial lawyer that has recovered millions of dollars on behalf of injury victims just like you.   To get started, call us anytime, our phone lines are open 24 hours 7 days per week, or complete our online contact form here.  

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death in Canada and the United States.  Andrew is a lifetime member of the Million Dollar Advocates Forum, and  the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Andrew also hosts a popular podcast and YouTube channel on the subject of personal injury law and the rights of injury victims. 

In our recent YouTube video and Podcast, we discuss Ontario long-term disability claims and what your rights are if your Ontario Insurance Company has denied your application for long-term disability benefits.

We hope you enjoy this episode and find it informative.  As always, if you a question about your own situation, call us day or night for a Free Consultation.  

What are Ontario Long Term Disability Claims?

Andrew: So Ontario long-term disability claims, why don't you talk to us a little bit about what those are and how we get involved in those kinds of cases?

Colton: Whenever you are involved in an accident, let's say a motor vehicle accident or a slip and fall injury, and you have long-term disability through work or through another insurance company. You're able to apply to these long-term disability benefits and you get compensated for your time that you miss off of work for that specific injury.

Andrew: Client comes to us specifically for a long-term disability claim that's been denied.

Colton: Mm-hmm.

Andrew: Another scenario would be where we're representing the person in connection with another injury, whether it's from a car accident, slip and fall, or a defective product or whatever it might be. And then it just evolves that they're unable to return to work for an extended period of time. And then an application has to be made for long-term disability as long as the carrier of the insurance companies pays those benefits. Our role is really just to support it . 

What happens when the insurance company determines a person is no longer eligible for long term disability?

Andrew: So what happens though if the insurance company's been paying it for six months or eight months or maybe more, and then they either get the person assessed or they get some new medical records and they make a determination the person's no longer eligible?

Colton: We are able to assist in trying to reverse that denial. So we basically, we advocate on your behalf. We obtain clinical notes and records. You know, we might get some expert reports to show the insurance company and to prove to them that you are disabled from working, you know, your employment or any other employment.
And we're gonna get to that a bit later just because the test does change, you know, usually after the two year mark. But we try to advocate on your behalf to have ongoing entitlement of benefits or in the alternative long-term disability carriers they much rather prefer to, you know, resolve the claim in its entirety and pay you for five years down the road in total or whatever the time frame is. 

Andrew: Unlike other areas of law that we practice, long-term disability is, although they're, they're similar oftentimes each one is different. They have different tests, different languages, different quantum, some are taxable benefits, some are non-taxable. So it's really important for us to get a hold of the contract itself and read the language. And then kind of strategize what's the best avenue to prove this case. Right? Because at the end of the day. We're trying to prove that the insurance company is in breach of the policy or in breach of the contract.

What are the tests or requirements to be eligible for long term disability claims?

Andrew: What are some of the tests that you typically see in long-term disability to be eligible? 

Colton: Within, let's say the first two years or 104 weeks. The test is you are considered to be disabled if you are completely unable to return back to your own form of employment. 
So for example, let's say your employment at the time of the accident or at the time of your disability or injury, is a nurse, right? So the test is that you can't go back to working as a nurse within the first two. 
The test changes to not being able to go back to any form of employment of which you are suitable by way of training, employment, education, et cetera. 

Andrew: Generally, the test is less restrictive in the first two years and after the two years it becomes more restrictive, harder to meet that test.

How does retirement affect long term disability benefits?

Andrew: I think I would also say there's things that people could do that would terminate your benefits sooner. Right? So it will, oftentimes these policies are written till age 65 or retirement, whichever is sooner. So sometimes people might make the mistake of retiring. Maybe they're near retirement, they're fighting with their disability carrier not paying, and then they say, well, maybe I can get a pension. Maybe I'll quit this job, or something else. 

Colton: Or severance package or something. 

Andrew: Right? But those steps could actually undermine your claim. Could actually eliminate your claim for future benefits. If you are thinking of making a decision like that to quit or to retire early and you have access to a disability plan, even though it's been denied. Speak to a lawyer first because you might be giving up a lot of money.
And then I think it's also important to stress that all of these contracts are different. So while we're talking about what we generally see or oftentimes see. It's really important that we look at the contract and see what the specific terms of that policy are.

How to get your long term disability benefits restored if they have been denied

Andrew: In most cases, do you have to file a lawsuit to get them to restore the benefits?

Colton: Yes. 99% of the time we do have to issue this statement of claim, or in other words, file a lawsuit, before the insurance company gets in touch with us. And then we try to you know, explain to 'em the situation, provide them with documentation, medical documentation. You know, if they're of the opinion that you're still not disabled, then we proceed to litigation and go through the normal recourse and normal steps of pushing it forward in the litigation realm.

Long term disability claims in connection with personal injury claims

Andrew: Now what happens if the long-term disability claim is connected to another injury? So here's an example. 
A client comes in, they were in a serious car accident. In the beginning they're off work, they're on short-term disability, they use up all of their sick time. And then as time goes on, unfortunately they are unable to return to work and so they also commence a claim for long-term disability.
We have this claim going on to recover money because they were injured in a car accident, but now you also have concurrently another claim going on for long-term disability. 

Colton: Most of the time the insurance company or the lawyer for the motor vehicle accident claim would also want to know what's happening with the long-term disability claim. Just because they do go hand in hand. Let's say long-term disability indicates that you are still unable to return back to work and you're deemed disabled. Actually helps because it actually shows this individual is unable to return back to work because of the motor vehicle accident. 

Andrew: The acceptance of long-term disability or the success of that claim can lend itself to more success in the other claim.

Colton: Mm-hmm.

Double Recovery and Long term Disability Claims

Andrew: But what about double recovery? Talk a little bit about set offs and how those two relate to the recovery. 

Colton: So generally speaking, if you do recover let's say future income loss or pass income loss from your long-term disability claim. The motor vehicle accident claim they're allowed a set off for whatever the long-term disability carrier paid you. Because you can't recover the same amount of money from both sides. Even if there is, you know, a setoff. Nonetheless, it does help with the motor vehicle accident claim in itself because it does make it stronger. 

Andrew: And also if there is no dispute with the long-term disability carrier and you settle with the at-fault party on whether it's a car accident or a slip and fall or something else. You're not paying fees on that amount of money that's being paid by the long-term disability carrier on an ongoing basis.
So for instance, as your lawyers we would charge you fees for the work we do in settling let's say the car accident case. But if the long-term disability has accepted you as disabled and is continuing to make those interim payments to you, we're not charging you anything on that. 

Colton: Mm-hmm. 

Andrew: So the client gets that money without paying a lawyer. The only time we would collect a fee on that is if it got into litigation. If we had to resolve the case or file a lawsuit or, or something of that nature. 

Time limitations for filing a lawsuit if your long term disability claim has been denied

Colton: It's also important to note that whenever there is a denial from a long-term disability carrier, they would send you a denial email or denial letter listing their reasons for your denial and the date that it's denied on. And this date is very important because there are time limitations and due dates for us to commence a lawsuit within a specified period of time. 

Andrew: Fatal mistake is, sometimes where a client tries to deal with it on their own and get some supplemental records. And in the meantime, precious time is going by and sometimes if you get to a lawyer late, even if the hard deadline hasn't expired, a lot of lawyers just won't take that case because they don't want the risk of taking on a case without ample period of time to properly investigate it and obtain all the information necessary to file a lawsuit.
I think that's a really important point. Do not delay. Get a consultation with an experienced lawyer soon.

What are the reasons you may be denied long term disability?

Andrew: So some of the reasons that we see where people have been denied long-term disability. From my perspective, very often it's because of a lack of just medical support. 

Colton: Lack of following doctor's advice for treatment. Because an insurance company, they're of the opinion that if an individual isn't continuing on with their treatment or on doctor's advice. They're not really as injured as they are, or they're not disabled because they're not seeking medical treatment that was referred to them, or recommended to them by their treating family doctor.

Andrew: To an insurance company, that's an opportunity because now you don't have treating doctors to say you have this ongoing injury or disability. So the insurance company will use that as an opportunity to kind of supplement with their own opinions. 

Protect Your Rights: Bringing a claim against an insurance company

Andrew: The topic of long-term disability is really specific to your particular policy of insurance. And so it's important if you've been denied or your claim is being delayed or the insurance company's questioning whether to continue paying you or proposing changes to your benefits to seek the advice of a lawyer. Just sit down with a lawyer, have them review your policy. Get advice so you can make an informed decision. And most importantly, protect your rights in the event you have to bring a claim against that insurance company.

Have Questions? Contact us today!

Colton: If you have any questions, please don't hesitate to reach out to us at any time. Our contact information is listed below.

​Iacobelli Law Firm realizes how difficult and life-changing it can be for your family when you are disabled from working.  We are a dedicated Ontario Personal Injury Law Firm that provides compassionate and competent legal counsel for the injured throughout Ontario and we offer a FREE Consultation so please feel free to call us at 1-866- 234-6093. We are available to take your call 24/7 and are honored to serve our clients and our community.

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death in Canada and the United States.  Andrew is the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way".