Disability Insurance Disputes
Employees who become unable to work as a result of a sickness or injury will often have access to group disability insurance. Many employers obtain group policies from insurance companies such as Manulife, Sun Life, Great-West Life, and Desjardins. The policies are for the benefit of employees and are designed to provide them with short-term disability (STD) and long-term disability (LTD) income replacement benefits in the event they can no longer work.
Too often insurance companies deny legitimate disability claims. The most common reasons are “insufficient medical information” and a “lack of objective medical evidence”. Other reasons include the application of a pre-existing disability exclusion and exclusions pertaining to drug and alcohol abuse. Insurance companies may also deny a claim after conducting surveillance or obtaining prejudicial information from the employer or the employee’s physicians. An employee can also be deemed ineligible for coverage as a result of technicalities in the policy such as insufficient hours worked or a failure to complete insurance forms.
Even when claims are initially approved, many employees will have their benefits prematurely terminated. Insurance companies can often unfairly harass an employee to undergo a rehabilitation program or commence a graduated return to work program despite clear evidence of total disability. Many claims are also terminated at the change of definition mark (usually after two years of benefits have been paid) on the grounds that the employee can work in other types of occupations.
If your disability claim is denied or your benefits are terminated for any reason, don’t lose hope. You may have strong legal grounds to challenge the disability insurance company in court. The lawyers at Whitten & Lublin can commence legal action against the insurance company to pursue your disability benefits as well damages for bad faith conduct.
Free Consultation – No Upfront Fees
Contact Mark Yazdani for a no-charge consultation regarding your disability insurance dispute. We will review your file and advise you of your legal rights. If we pursue legal action on your behalf, we offer contingency fee billing so that you pay no upfront legal costs. Legal fees only become payable in the event we achieve a settlement you approve of or we are successful in court.
Whitten & Lublin Employment & Labour lawyers have represented thousands of disability insurance claims matters in and out of the courtroom, and we have a well-deserved reputation of knowing what it takes to get the job done right. This is why we are rated one of the GTA’s most recommended labour and employment lawyers and we have the testimonials from our past clients to prove it.
Don’t leave your disability case to chance. Consult with a lawyer with expertise at Whitten & Lublin Employment & Labour Lawyers. To book a consultation please contact us online or by phone at (866) 658-6811 or (416) 640-2667 today!
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