Every individual’s paycheck has deductions for taxes that are distributed to different types of funds meant to benefit the payee. One of these is disability insurance and is meant to provide financial support whenever you get injured or disabled. As long as you have a record and have proof of your medical condition, you can file a claim request to get monthly payments. Since you are paying monthly premiums without fail, it is normal to expect your claim will get approved immediately. However, this is not the case.
Over 70 percent of applications in Canada are denied annually with most of them related to medical insurance. To counter this, you need to get either a short term disability lawyer in Toronto or long term disability insurance lawyers. Your choice will depend on what kind of disability you have and the location you are in. Apart from this, there are other factors.
The disability denied lawyer you choose should have ample experience handling such cases.
This is why there is a specific description. It has to be someone familiar with the laws of your state and how long the deadlines are for specific submissions. Moreover, experience gives them more confidence in tackling your case, no matter how complicated it sounds.
The Toronto disability lawyer you hire should be immediately available.
You cannot lag behind on filing your claim. There is a deadline so you need someone who can provide support as soon as possible. Besides, it also matters that the lawyer starts reviewing your case early. If the deadline is weeks away, there is enough time to understand the case down to the last detail so a more concrete plan is devised.
The disability lawyer in Toronto you get should be invested in your claim.
The most common mistake a lot of clients make is choosing the first lawyer who positively responds to their request without further probing. In order to make the denied disability case work, it is important to have a lawyer that sets aside time for your case. If you get someone too preoccupied with all other cases and leaves his secretary to do all meetings even until the trial, it’s not going to work. You need to ask a potential candidate what his plans are in terms of strategy and meetings.
Common Causes of Denied Disability Insurance
It can be frustrating to get your disability claim denied due to unsettling reasons. It is undoubtedly difficult when you have denied disability and can’t work. The good news is, you can still do something about it with the help of a good disability lawyer Brampton. The following are common reasons why a claim is denied.
Lack of Objective Evidence
There are certain diseases that cannot be easily proven through medical records. Examples of this are migraines, mental illnesses, fibromyalgia, and fatigue or chronic stress. The best way to prove this is through brain scans and MRI’s but that can be considered insufficient. There are no specific medical machines to measure levels of stress or fatigue. You need to explore every possible examination or scan you can get in order to obtain valid medical evidence.
The Pre-existing Condition Clause
Most insurance policies include a section that talks about previously contracted medical conditions of the patient. The clause states in summary that any disease contracted before the start of the coverage will not be included even if it reoccurs within the coverage period. This rule can also be interpreted that all other diseases that may have been caused by the pre-existing condition will also not be covered by the policy. Since there is little avenues to use to prove that a current disease is not related to a past one, this becomes a very difficult fight between the policy holder and the insurance company.
Exclusions in the Policy
This is where the realization that you need to really know your insurance policy from first to last page comes. Apart from a long description of the benefits, there is also a detailed description of the exclusions for each. This is a very valid reason for a denied disability insurance and cannot be argued in court unless proven unlawful or unreasonable. Once you are given a draft of your policy, get someone with legal knowledge to help you review the entire agreement and see if you agree to all terms.
Eligibility Requirements of the Contract
Majority of group and work insurance policies have specific technical eligibility requirements. There might be a certain duration in which an individual should be working before he can apply for a claim. There is also a clause for active employment in which you need to work a minimum number of hours before being eligible for any kind of disability benefit. It is best that you familiarize yourself with the policy first before filing a claim.