Toronto, ON (PRWEB) April 29, 2014
Every long-term disability policy contains a provision known as the “change of definition of disability”. This relates to the insurance company’s definition of what is known as “total disability”.
Most long-term disability policies have a “change of definition” after 24 months (2 years), but some policies can change in as little as 12 months (1 year) or 36 months (3 years).
What is the significance of this change of definition?
Toronto long-term disability lawyer Aaron Waxman, founder of Aaron Waxman and Associates explains:
When a long-term disability benefit is first approved, the insurance company is saying that the person meets their definition of total disability, as it relates to that person’s “own occupation”. That person is unable to perform the essential duties of his or her own occupation as a result of injury or illness.
The definition of total disability changes at the 2- year mark (or however it is set out in that particular policy), from own occupation to “any occupation”. Now, the person receiving benefits has to be totally disabled from (or substantially disabled from) the duties of any occupation for which he or she possesses the necessary education, skills or experience.
Many long-term disability denials happen at the change of definition mark, as it is a stricter test to meet. The insurance company wants objective evidence as to why a person cannot work in any occupation and why the person’s disability is prolonged.
It is important to remember that long-term disability claims can result from injury or illness. They can be the result of a car accident, slip and fall, progressive neurological illness, or other medical conditions. Participating in rehabilitation and being under the care of a proper physician and specialist relating to the disabling condition is very important.
If your long-term disability claim has been denied for any reason, consult an experienced lawyer as soon as possible.
Aaron Waxman and Associates is a Toronto law firm whose practice is focused on long- term disability claims, short term disability claims, psychological illness claims, critical illness claims, life insurance claims, slip & fall claims, occupier’s liability claims, automobile accident claims, traumatic brain injury claims, and other types of personal injury claims.
We only help injured persons; we do not work for insurance companies.
We offer a free, no obligation initial consultation.
We can help you get your life back on track.
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