Long Term Disability Do's and Don'ts

July 18, 2016, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

Here are some helpful “do’s and don’ts” to consider when you are claiming long-term disability benefits:

• review and understand your long-term disability policy wording.  Your policy wording will provide you with important information about your long-term disability benefits including how to apply, time deadlines, your benefit amount, what is covered and what you need to do.  

  DO complete and submit the necessary long-term disability application forms without delay and avoid missing any deadlines.There will typically be three documents that need to be completed and submitted as part of any long-term disability application (i.e. one that you need to complete, one that your doctor will complete and one that your employer will complete.)  The sooner these three forms are completed and sent to your insurance company, the sooner your insurance company will be able to start their review of your claim for long-term disability benefits. 

• DO be honest when you are submitting your long-term disability claim.

• be honest with your doctor and follow your doctor’s recommendations.

  DO keep records and notes of everything relating to your claim for long-term disability benefits.

• DO prepare a document summarizing your medical history.  Included in this document should be a list of the doctors and treatment providers that you have seen as well as your symptoms, diagnoses, test results, prognosis and medications.

• DO prepare a document listing the activities that you are limited from doing or that you are no longer able to do as a result of your injury or illness.  This should include an explanation about what prevents you from working.

• DO contact Paquette Travers & Deutschmann if your claim for long-term disability benefits is denied.

• DO provide your long-term disability lawyer with a copy of your documents, including a copy of your policy, medical records and any letters from your insurance company, your employer, WSIB or CPP.

• DO view our website and video library at www.deutschmannlaw.com

• DON’T lie, exaggerate or embellish when you are submitting your long-term disability claim.

• DON’T delay.  There are time limits and deadlines for claiming long-term disability benefits and for starting a legal action.

• DON’T settle your long-term disability claim for less than you are entitled to.

• DON’T sign anything from your insurance company before reviewing it with an experienced long-term disability lawyer.

• DON’T participate in activities that might be interpreted to suggest that you are dishonest or not disabled.  It is very common for insurance companies to conduct surveillance during the course of a long-term disability claim.  This can include videos and photographs that your insurance company may try to use against you. 

• DON’T expect that your social media posts will be private.When you are claiming long-term disability benefits, insurance companies will often monitor social media sites (ex. Facebook, Instagram, Twitter, LinkedIn etc.).  Your posts may be viewed by your insurance company as well as a Judge. 

• DON’T delay in contacting an experienced long-term disability lawyer.  This should be done as soon as your claim for long-term disability benefits has been terminated or denied.

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.

The opinions expressed here, while intended to provide useful information, should not be interpreted as legal recommendations or advice.