Disability Claim Appeal Law

Man in wheelchair - disability claim appeal law

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Disability Claims

While it is no one’s dream to have to rely on long-term disability, it may be necessary for those who cannot work due to chronic illness or injury.

However, despite the fact that the vast majority of claims are filed due to legitimate and immediate need, many disability claims are rejected the first time. Why are so many claims denied, and what recourse do you have if you have been rejected?

Some denials of long-term disability claims are a simple matter of bureaucracy and red tape. Missed deadlines for filing papers and not having the proper medical documentation from an independent medical examiner are frequent roadblocks to receiving assistance, and can often be easily fixed by refiling the claim with the correct paperwork.

However, claims are often denied because of lack of sufficient evidence of the disability. Insurance companies often gather a great deal of evidence with the express aim of rejecting your claim. Such evidence may come from your doctor, your social media posts, and may even be gleaned by surveillance. Furthermore, you must be able to prove that you have taken actions to mitigate your disability. This generally means meticulously following doctor’s recommendations, as failure to do so may also result in the denial of your claim.

If your claim for disability has been denied, you may feel defeated and ready to give up. But it is important to remember that recourse is available. The best thing to do first is to consult with a lawyer who has the skills and expertise to build you the best possible case.Further, they will be able to take care of the exhausting paperwork and ensure for you that everything is filed on time.Your lawyer will likely ask you to return to your specialist as well as an independent examiner for a more thorough consultation demonstrating your disability.

Consideration will also be made in applying for Canada Pension Plan Disability Benefits.With a lawyer’s expertise on hand, many are able to secure the disability benefits they require and deserve, even after an initial claim rejection.

Contact Mackesy Smye at 1-905-525-2341, or fill in our easy and secure online contact form.

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