Denied Long Term Disability Benefits – What to do?

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  Michelle McLeod
  Lawyer

What to do when your Long Term Disability claim has been denied or terminated

After suffering from an illness or disability which affects your ability to work, you assume that your long term disability insurance policy will provide you with a source of income while you are unable to work. Unfortunately for many people, they find themselves in conflict with their long term disability insurer. Whether you are in a situation where your application for  long term disability benefits is denied from the start or in a situation where the benefits you have been receiving have been terminated, there are options available to you to dispute the decision made by your long term disability insurer.

Usually, when a long term disability insurer denies a claim from the outset or later makes a determination to terminate benefits,  the insured receives a letter detailing that decision, and included in that letter is a description of an internal appeal process that the insured can follow to appeal the insurer’s decision. Careful attention should be paid to this information and special note made of the deadlines for appeals. In addition, a review of the policy is important to ensure that no limitation dates are missed. Despite the availability of this internal appeals process, it has been our experience that going through this process is rarely successful or results in an approval or reinstatement of benefits. In addition to participating in the insurer’s internal appeals process, an insured whose claim has been denied or terminated also has the option of starting a lawsuit against his or her disability insurer.

For individuals suffering from an illness or disability which prevents them from working, the last thing they need is a battle with their own disability insurer. If you or someone you know has received notification that his or her long term disability benefits claim is being denied or benefits are being terminated, please contact our office to discuss what options may be available to dispute this denial or termination.