Long Term Disability
When your long term disability benefits are wrongfully denied or wrongfully terminated it can be devastating.
The Buckley & Company have the experience working with long term disability providers to assist you. When your long term disability insurer denies your claim or terminated your benefits, or informs you that your benefits are ending on a certain date, we can help by ensuring you receive the benefits you are entitled to.
LTD or ‘Long-term disability benefits’ provides you with income should you become totally disabled due to an injury or injury and are no longer able to work.
Normally long term disability policies are offered to individuals through their employment or with a group plan. Individuals may have also purchased private insurance.
Long-term and short-term disability policies are quite often grouped together.
- Short-term coverage typically provides you with income for the first six to 12 months of disability
- Long term coverage commences after that if your disability continues.
Long term disability contracts do not provide standardized coverage. The requirements, wording and benefits differ from policy to policy, insurer to insurer.
In order to receive benefits, policies often state that you must be “totally disabled.” The insurer requires medical evidence to support your disability claim. Most often this evidence will be provided by your family doctor on a time to time basis in a form provided by the insurer. Most often, at some point the insurer will require you to be assessed “independently” by a doctor they have chosen, and this often results in termination of benefits.
- Long term disability policies usually require the insurer to pay benefits for two years after you become disabled from your own occupation. Usually it is at this two-year point that benefits are often terminated, because the definition of “total disability”under most plans, changes. To keep receiving benefits after two years, you must show medical evidence proving that you are unable to work at any job for which you are reasonably suited on the basis of your education, training and experience, not just the job you held at the time you became disabled.
- Insurance companies may investigate you and your claim under the using the excuse ‘prevention of fraudulent claims’. You must disclose all relevant information during this process. Though the insurance company can’t violate any laws, they are allowed to take pictures and interview your friends, neighbors and co-workers. Insurance companies may use this information out of context to justify termination of your benefits, while disregarding information that supports your ongoing disability. For instance, photographs or video evidence may suggest you are more physically capable than in fact you are.
Most people have no way of know how to respond to an insurance company’s tactics. These claims are complex and the power imbalance is in the favor of the policy provider and not you as the insured. Moreover, these claims are subject to strict time periods regarding when legal action can be taken. Your Buckley & Company lawyer has the skill and resources to address the complexities of your disability claim and to level the playing field between you and your insurer. If you are entitled to long-term disability benefits, we will ensure you get them.