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Ask a Disability Lawyer Questions & Answers

I am on long-term disability and want to relocate from one province to another. Will my disability benefits be affected?

Can you refuse to see the doctor the insurer has chosen for a functional capacity assessment or independent medical examination and request a different one?

I’m a welder. Lately I have been experiencing debilitating pain in my right shoulder, which I had injured at work 15 years ago, and I can no longer perform the duties of my job. My doctor diagnosed me with osteoarthritis in my shoulder and said the injury may have contributed to its development. Should I make a claim to WSIB at this point, or to my long-term disability insurance?

What should I do if my employer is pressuring me to return to work but my doctor says I should not?

Will my LTD benefits be affected if I make an out-of-province or out-of-country move?

Can a naturopath complete my short-term or long-term disability claim forms?

Can I sue for retroactive pay?

What types of personal questions can an insurance company ask you?

I was terminated due to a frustration of contract. What exactly does this mean?

Can I apply for long term disability if my short term disability was denied?

Can I request a lump-sum payout from the insurance company if I am receiving monthly benefits?

How long does an insurer have to respond to my doctor’s letter? Are insurance companies governed by deadlines the same way claimants are?

How long will it take for my long-term disability claim to be approved?

Is it mandatory to appeal or should I hire a lawyer?

What is a recurrent disability provision?

What is the elimination period in my disability policy?

What types of disability are covered under long-term disability insurance?

When am I eligible to receive short or long-term disability benefits?

Will I still be covered for dental, medical and life insurance if I am on long term disability?

What is the survival period in critical illness policies?

What should I keep in mind when filling out a medical insurance questionnaire for long-term disability?

What does Administrative Services Only (ASO) mean?

My insurance company forced me to return to work even though I am disabled. I am struggling and cannot continue working. Do I have to submit a new claim?

Can an employer deny an employee access to their insurance benefits?

How can I pinpoint my date of disability for my insurance claim?

Can I record my Independent Medical Examination (IME)?

I underwent an independent medical exam at the request of my insurance company. Their doctor reported that I had no symptoms of chronic pain and was fit to work. It just so happens that on that particular day, I was feeling better than usual. Now my benefits have been cut off. Do I have any hope of overturning this decision?

I was diagnosed with arthritis in my early 20s. I am now 38. I started a new job ten months ago. Recently my arthritis pain became so severe that I could not work, so I applied for disability insurance through my new group plan. They denied my claim because my arthritis is a pre-existing condition. Can they do this?

My insurance company has dismissed my claim for long-term disability benefits because they believe that my arthritis is manageable. How can I prove to them that the symptoms prevent me from doing my job?

Do AD&D policies cover loss of vision?

My husband died after slipping and falling on public property. As his beneficiary, I made a claim for his Accidental Death and Dismemberment insurance benefit. Unfortunately, the insurance company doesn’t agree that the slip and fall was an accident, but instead, negligence on my husband’s part. They have refused to pay the benefit. Do I have any legal recourse?

In what situations can people make Accidental Death & Dismemberment claims?

What constitutes "dismemberment" under my loved one's policy?

What is a "covered accident" under an accidental death and dismemberment policy?

What is accidental death and dismemberment coverage?

What is the base benefit amount under my loved one's accidental death and dismemberment policy?

When does accidental death & dismemberment pay benefits?

Can an insurance company deny a claim based on “material misrepresentation” if the health issue being contested is not related to the illness or injury that has prompted the claim for benefits?

If an individual with Alzheimer’s is denied their critical illness insurance benefits by their insurance company, how can they fight for their rights given that one of the major symptoms of the disease is memory loss?

My husband, who has been diagnosed with multiple sclerosis, made a claim to his critical illness insurance and they denied it. The insurance policy does cover MS but they say that because he is over 60, he is no longer eligible. What gives?

Do I need a lawyer to handle my critical illness insurance dispute?

How are critical illness insurance benefits paid out?

How is critical illness insurance different from disability insurance?

What factors do the insurance companies use to determine if I am eligible to receive critical illness benefits?

What if I have a diagnosis of cancer and the insurance company says it’s not the right type of cancer?

What if my critical illness is not on the list of illnesses covered by my policy?

Is it all right if I make a recording of my defence medical?

How much does it cost to hire a disability lawyer?

How much will my lawsuit against the insurance company cost?

What if I don’t have enough money to hire a lawyer?

You say that you only get paid if my case wins? How do contingency fees actually work?

How long will it take to settle my claim?

My co-workers have told me that back conditions do not qualify as disabilities under our long-term disability benefit plan with Manulife. Is this true?

My sciatic pain makes it difficult to work a regular eight-hour day. I should only work two hours a day according to my doctor’s recommendations. Will my LTD benefits cover the deficit these reduced hours will cause in my pay?

Standard Life cut off my disability benefits because my MRI does not show a progression in disc degeneration, yet I am still experiencing the same symptoms—pain and numbness—that prevented me from working. Is this decision fair, or better yet, legal?

After a very bad car accident in 2009, I developed an addiction to a prescription painkiller. I am currently seeking medical help. Unfortunately, my addiction affected my performance at work and I was terminated by my employer. I never got the chance to file for disability benefits and I currently have no source of income. What are my options?

Industrial Alliance provides group benefits at my job. When I was in rehab and couldn’t work, I applied for long-term disability but they argued that I am not really disabled, even though my addiction affected my ability to function day-to-day. Is there any way to fight this?

After taking six weeks off work due to chronic pain caused by rheumatoid arthritis, I was informed that my employer has terminated my position. I did not have a chance to apply for my long-term disability through my group insurance benefits. Is there anything I can do at this point?

Am I eligible for insurance benefits if my employer terminated me before I could submit the claim to the insurance company?

Are addictions such as alcoholism and drug abuse covered under most health insurance policies?

Are there any deadlines that I should be concerned about when filing a disability claim?

Can I make a claim on more than one disability insurance policy at the same time for the same disability?

Can I pay my doctor to write a medical report for me?

Can I request a copy of my IME?

Can I wait for a while before I decide to hire a lawyer?

Could I sue my employer for not providing an ergonomically correct workstation?

Do I need a lawyer to handle my long-term disability insurance claim?

Does my long-term disability insurance company have to pay for me to be re-trained?

Does someone with a brain injury have the right to make decisions about his financial affairs or health care?

How am I going to pay for my expensive medications?

How can I change my insurer’s mind once they deny my benefits at the change of definition point?

How do insurance companies define "total disability?"

How do insurance companies look at claims?

How does a pre-existing medical problem affect a long-term disability claim?

How does my salary affect my long-term disability claim?

How long are most pre-existing exclusion periods?

How much is my claim worth?

How much money am I entitled to collect under my disability policy?

I am not surprised that I have been refused my disability claim. My employer has always been difficult.

I am suffering from terrible anxiety. My doctor has asked me to take some time off but my employer disagrees and told the case manager at our group insurance company that I seemed fine. The case manager stated that there is no evidence of a disability and denied my claim. I would like to file an appeal. What can I do to strengthen my case?

I have a gambling addiction, for which I am seeking professional help. Am I eligible for disability benefits?

I have a private disability policy and my insurance company insists that I can work. I just can’t work at “my own” occupation. What if I can work at something else?

I have a private disability policy and my insurance company insists that I do not qualify for full benefits because my income has not been the amount I stated when I applied for the policy. What can I do?

I have borderline personality disorder, and though I haven’t told any of my colleagues or my manager, it is significantly affecting my ability to do my job. I need time to seek help and get back on track. If I make a claim to my insurance benefits, will they disclose my diagnosis to my employer?

I have had disability coverage for less than a year. If I had a pre-existing condition and it has gotten worse, am I eligible for benefits?

I have suffered with depression for most of my adult life. My condition worsened after I gave birth to my first child, and I was unable to go back to work when my maternity leave ended. The insurance company denied my claim for disability benefits. What are my options?

I have the option to sign up for additional long-term disability coverage on my group benefits plan. Why would I do that?

I know I am disabled but I don’t really understand the causes of my disability.

I was denied due to lack of objective medical evidence. Am I ineligible for disability benefits?

I was fired from work because I have frozen shoulder and could not type for extended periods of time. My employer did not try to accommodate me at all. Now my long-term insurance company says that I am ineligible for benefits because I am no longer an employee. What are my options?

If I am deemed as disabled under the provisions of my insurance policy, what benefits am I entitled to?

If I was recently denied long-term disability benefits, when should I get a lawyer involved

If my disability claim is denied, when should I get a lawyer involved?

If my doctor says I can’t work, won’t the insurance company approve my disability claim?

Is it mandatory to have an IME if my insurance company has made a request?

Is there a time limit on my claim?

I’ve been managing with Crohn’s disease for years. I’ve also had acute stress for some time. The combination feels like it’s putting me over the edge of my ability to cope. Would a claim for disability benefits include Crohn’s because it complicates my stress?

I’ve been on long-term disability for over five years now, and I’m concerned that they might cut me off. The insurance company is back in touch with me, asking questions, and suggesting I see certain doctors. What if I do not want to cooperate with their meddling?

I’ve had diabetes for 10 years. It has progressed since I got disability insurance. Can I make a disability claim even though the condition is not new?

Last year, I was under so much stress at work that I had a complete breakdown. My psychiatrist said it is anxiety and depression. Manulife denied my claim for disability benefits because they say this is a work-related issue. I am still unwell. What should I do?

My claim was denied because the insurance company claims my disability is caused by a "workplace conflict."

My disability claim has been denied. Does that mean I am not eligible for benefits?

My disability file has been closed and my benefits have been denied. What do I do now?

My doctor has suggested that I take a holiday out of the country. Do I have to tell the insurance company and how will this affect my LTD claim?

My forearms hurt from doing my job. My doctor says it could be tendonitis or carpal tunnel syndrome. My employer just thinks I’m a complainer who should take a pill. What can I do?

My friend is a real estate lawyer. Can she manage my disability claim?

My friends and family have told me that insurance companies do not pay long-term disability claims to people suffering from fibromyalgia. I recently applied and haven’t heard anything yet. What can I expect?

My insurance has offered me a buyout. Do I have to accept it?

My job has disabled me. I can no longer cope with the stress and difficulties. Could I get retraining to pursue a new career and have that paid for by my disability insurance?

On what basis can an insurance company deny benefits on a private “own occupation” disability claim?

Should I give up on my insurance claim?

Shouldn’t my disability insurance pay me automatically?

The insurance company is adamant that I can work. My professional licence is suspended. What now?

The insurance company says that I am not seeking treatment, so they do not have to pay me. My doctor told me he has done all he can. Where does this leave me?

What are invisible disabilities?

What does "regular and continuous care of a physician" mean?

What does “change of definition” mean, and why do insurance companies deny benefits at that point?

What if I've been to my doctor, but still don't have an actual diagnosis? Can I still make a claim for benefits?

What if my own family doctor, who has known me for years, disagrees with the insurance company's medical specialist?

What is a functional capacity evaluation?

What is an independent medical examination?

What is disability insurance and how does it work?

What is the Share Law Guarantee?

What should I consider when purchasing a disability policy as a self-employed business owner?

What's the difference between short-term disability benefits and compensation?

When does job-related stress count as a disability to qualify for insurance benefits?

When should I apply for short-term disability insurance benefits?

Where else can I turn while waiting for insurance benefits cheques to begin?

Which is better: a group long-term disability policy or a private policy?

Which types of medical professionals are qualified to be independent medical examiners?

Why did my insurance company deny my valid claim for disability benefits?

Why is a medical diagnosis not enough to convince an insurer that disability benefits are due?

Why is the insurance company refusing to pay my long-term disability claim when I am clearly disabled and unable to perform my job duties?

Will exaggerating my symptoms help my claim?

Will I ever receive my benefits?

What do I do if my insurance company refuses my business overhead claim?

What expenses should business overhead insurance cover in the event of a disability?

What other types of business insurance may be denied and require legal assistance?

Why is the payment of business overhead expense policy so crucial to the survival of my business?

Do you handle Canada Pension Plan Disability (CPP) denials?

Do you handle Ontario Disability Support Program (ODSP) denials?

Should I sign the CPP agreement my insurance company has sent me?

Can I simultaneously file disability claims with CPP (Canada Pension Plan) and my group insurance plan?

If I apply for Canada Pension Plan (CPP) disability, will it affect the CPP benefits I am supposed to receive upon retirement at the age of 65?

Why is my insurance company telling me to apply for CPP benefits?

What are litigation loans?

How do insurance companies define "medically supported restrictions or limitations?" (also known as R&Ls)

How does the law define sedentary work?

What are damages?

What is a beneficiary?

What is a case manager?

What is a discovery?

What is a mediator?

What is a plaintiff?

What is a pre-existing condition?

What is an adjudicator?

What is an adjuster?

What is an alternative dispute resolution?

What is an appeal period?

What is an appeal?

What is an arbitrator?

What is an estate?

What is an examination for discovery?

What is an insurance buyout?

What is an insurance claim?

What is arbitration?

What is insurance fraud?

What is liability?

What is litigation?

What is malingering?

What is mediation?

What is a Registered Disability Savings Plan (RDSP)?

Can insurance companies view my social media pages as part of their surveillance techniques?

Can my social media postings affect my personal injury or insurance lawsuit?

 

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