In our experience, there are three top myths regarding Long Term Disability (“LTD”) Insurance. Below, we address those by giving you the facts to debunk common misconceptions.
- Appeal
MYTH:
If denied benefits, the insured person must appeal through the insurance company internally.
FACTS:
- There is no need to follow the internal appeal procedure of the insurance company.
- Most of the time, the internal appeal simply delays the filing of a lawsuit as appeals are almost never successful. That delay causes hardship to the insured person since the very reason they are applying for the benefits is that they have no money.
Recommendation: Seek advice from an experienced lawyer or law firm that understands how LTD benefits work.
- Objective Evidence
MYTH:
The insured person cannot receive LTD unless there is “objective evidence” of disability (such as an X-ray or MRI).
FACTS:
- This is simply not true. Objective evidence can be helpful, but it is not necessary.
- In fact, most disabled persons are disabled by reason of chronic pain and/or psychological and emotional issues.
- There are methods that have been accepted by our courts for assessing and proving the degree of disability.
- Benefit Period
MYTH:
The insured person’s benefits stop at two (2) years.
FACTS:
Benefits usually continue after two years, unless the insured person can work at an occupation for which they are qualified and which would pay an amount relatively close to the amount they were earning from their own occupation.
Additional Comments:
- You may also wish to see our article regarding chronic pain, which gives a more detailed discussion on how we would prove disability for people who suffer with chronic pain.
- Canada Plan Pension Disability (“CPPD”) – Most people who have been disabled more than one year should apply for CPPD benefits. This is also a requirement of some LTD companies. Helping disabled persons with those applications is part of the service your lawyer provides.
Correia & Collins represents disabled persons in disability insurance disputes. Contact us by phone 506-648-1700 or online for advice. Your first consultation is free.
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It was while working with Tim and Chris as a university student that I first caught the Law bug. Witnessing their enthusiasm and their commitment to clients inspired me to pursue a career helping others. Representing my clients and obtaining the best results for them is my focus. Other than being a husband and father, nothing is more fulfilling to me.