How to Appeal Long term Disability Denial

Not be able to work because of an injury or disability is stressful, and long term disability denial can feel devastating. But having your claim denied doesn’t mean it ends there. Disability lawyers want you to know that you have the right to appeal the insurance company’s decision. However, constructing a successful appeal letter takes time and evidence, so here are a few things to keep in mind if you ever have to appeal a denied claim.

Long term Disability Denial isn’t the End

As stressful as it is to go through this process, you need to keep in mind that you are one of many Canadians that experience long term disability denial. You have the option to reach out to a number of resources to help you navigate the appeal process. A lawyer will always recommend that you fight for your rights, and scheduling a free consolation to look over your case may be your best chance at a successful appeal.

Common Denial Reasons

Knowing some of the most common reasons as to why claims are denied can give insight into what the insurance company is looking for in order to build a strong case. The most common reason that long term disability claims are denied is lack of medical documentation. Especially when a disability is “invisible” to others. Depression, anxiety, and other mental illnesses are challenging to prove to an insurance company, but it is possible. Another reason, that may surprise you, is insurance companies can provide surveillance using private investigators and your social media accounts that contradict your claims.  

Steps to Appeal

The appeal process is time-consuming and the deadline to submit can be closer than you thought. You only have a short amount of time to get an appeal letter crafted with the proper documentation to back up your claim. These are some of the main steps to follow to make sure everything is covered.

  1. Know your deadline! Your denial letter will tell you when your appeal deadline is. Give yourself enough time to get all of your documents in order to ensure you can submit an appeal in time.
  2. Get in touch with a disability lawyer. Even if you didn’t use one when filing your original claim, they can help with the appeal process.
  3. Be aware of your employment rights. When your claim is denied your employer will be notified and will reach out to see when you’re coming back to work. Inform your employer in writing that you disagree with the insurance company’s decision and will be appealing their decision.
  4. Gather the appropriate documentation for the appeal. Within your denial letter, the insurance company will list the reasons as to why your claim has been denied. Get the specific documentation to provide further evidence.
  5. Prepare your appeal letter with your lawyer and submit it.  

The easiest way to avoid long term disability denial is by using a disability lawyer, they’re aware of what a long term disability claim needs in order to build strong case. However, using a lawyer doesn’t guarantee that your claim will be accepted, but they will know what action to take if your claim is denied. Preparing yourself for the possibility of your claim being denied isn’t ideal, but it is important to be aware of the possible results and what you need to do afterwards.

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Daniel Badre Founder, Partner
Daniel Badre is a distinguished personal injury lawyer based in Ottawa, renowned for his unwavering commitment to justice and advocacy for those who have suffered from accidents or negligence. With a legal career spanning over two decades, Badre has established himself as a compassionate and tenacious advocate for his clients.
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