Ask A Lawyer: Obsessive Compulsive Disorder and Your Rights

Ask A Lawyer: Obsessive Compulsive Disorder and Your Rights

Q: My disability claim, based on a recent diagnosis of OCD, was just denied. I feel so alone. Why would the insurance company do this?

A: If your filed a disability claim, for OCD or any other disability, has been denied, you are probably unsure of what to do next. Keep in mind that denying a disability claim is a commonly used tactic by insurance companies. While private insurance companies are tight-lipped about their claim-denial rates, government data offers an insight into the prevalence of the phenomenon. For example, most initial applications to the Canada Pension Plan (Disabilities Section) are not accepted. In fact, in a single year, 57% were rejected. Anecdotal evidence from many disability insurance claimants suggests a similar pattern in private insurance companies. Denial of your disability claim should not be seen as the end of the road for you or your claim. You may feel disheartened, but you should by no means abandon your claim.

Q: Why is my diagnosis of OCD not taken seriously by the insurance company, when my brother receives disability benefits for his MS?

A: Many of the disputed disability claims involve “invisible” disabilities. Insurance companies have great difficulty accepting claims where there is no “proof” i.e., MRI, X-rays or other medical testing to substantiate the illness or medical condition. Unfortunately, these are cases that most often require legal action where strong advocacy and strong medical evidence can be provided to persuade the insurance company that they should either approve benefits or agree to a settlement.

 

Has your long term disability claim been denied? Contact Share Lawyers and put our experience to work for you. We offer free consultations and there are no fees unless we win your case. Find out if you have a disability case.

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