What should you do if your disability claim gets denied?

What should you do if your disability claim gets denied?

Fighting for a disability claim can be exhausting. Even in the best of circumstances, the process involves a lot of complex paperwork and legal wrangling that can seem indecipherable to anyone without years of experience.

The arcane legal procedures become even more intimidating when considering the nature of a disability claim. By definition, anyone looking to file a disability claim is battling some kind of physical or cognitive impairment that is severe enough to keep them out of work. That can make it difficult to muster the energy needed for a protracted legal battle.

That’s why many people with otherwise legitimate disability claims choose not to appeal or take any further action once their initial claim has been denied. Going up against the legal team of a large insurance company will make anyone feel like they’re at a disadvantage and for people who don’t know the law, the fight just doesn’t seem like it will be worth the effort.

However, a disability claim shouldn’t feel quite so hopeless. For one thing, no one should have to go through the process alone. While many people will avoid legal representation for fear of high, unaffordable fees, most law firms that specialize in insurance claims will in fact offer a free consultation to anyone looking to learn more about the viability of their case.

Share Lawyers is no exception. Your initial consult is free, and if we do take your case, there’s no upfront payment and no fees unless (and until) we reach a settlement with the insurance company. You shouldn’t have to worry about your savings when you should be focusing on your health, so we’ve tried to remove the financial barriers that prevent many people from seeking help.

At the very least, you shouldn’t be afraid to reach out for a professional opinion, especially since time is a significant factor in many disability cases. Unlike a personal injury claim, a disability claim is essentially a contract dispute, with clear language about what should happen if an employee is no longer able to do their job.

That also means that there are strict rules about the process itself. Most contracts will specify that a claim must be filed within a certain time frame after you become disabled, and the clock is always running. If you wait for the entire process to play out with the insurance company, you may discover that your window has passed once you do decide to consult a lawyer.

That’s why you should speak to a lawyer as soon as your disability claim is denied; if only to give you a better understanding of what’s written in your contract.  At its core, a disability claim is a matter of interpretation. An experienced lawyer will be able to tell you whether or not you meet the criteria laid out in your contract, which often requires that claimants seek out appropriate medical care while receiving benefits.

Until then, there are online resources that may be able to answer some of the questions you may have about your claim. An online FAQ is no substitute for professional legal advice, but it is a good way to inform yourself about your rights and responsibilities.

Most workers will never need to read the disability clause in their contract, but you need to be familiar with it if you do become disabled. We can make that process feel like less of a chore, so you can make better decisions and get the disability benefits you deserve! 

Has your long-term disability claim been denied? Contact Share Lawyers and put our experience to work for you. We have recently settled cases against Great-West Life, Desjardins, Manulife, RBC Insurance, Sun Life, and many more. We offer free consultations and there are no fees unless we win your case. Find out if you have a disability case.