Toronto, ON (PRWEB) June 24, 2014
Insurance policies can seem very technical and overwhelming to a policy holder or plan member for a group insurance plan. When making a claim for short-term disability or long-term disability benefits, it is important to review the policy for many reasons.
One such reason is to find out how long you have to provide your insurance company with notice that you intend to bring a claim against them. If it happens that your insurance company has denied your claim for short-term or long-term disability benefits initially or during the time you are in receipt of benefits, they will inform you of your right to appeal their decision and the timeframe to do so. Your claim can be subjected to 3 levels of appeals, which involves a review of your file and requires medical evidence to prove your disability meets the insurance company’s definition of “totally disabled”.
If your benefits have been denied and you have retained a lawyer, your lawyer can explain how your disability policy works and explain what a limitation period is, which is essentially, the deadline for how long you have to sue your insurance company. In Ontario, the common limitation period is 2 years. However, with long-term disability insurance, many insurers have stated in their policies that plan members only have 1 year from the date of denial to sue.
Hiring a lawyer soon after your denial is an important step to take for this reason. It is important to have clear legal advice about any deadlines that apply to your case.
“Your insurance company may use the anniversary of the first benefits denial to determine the limitation period, whereas another interpretation could be the anniversary of the final decision not to pay or reinstate benefits, which is a later date. It is better to consider the earlier date as the date when the “clock starts ticking” and err on the side of caution”, says Aaron Waxman, of Aaron Waxman and Associates, a firm that handles short-term disability and long-term disability claims.
Waxman also states, “Many people don’t realize that appeals are not mandatory. It is a choice presented by the disability insurance carrier. An appeal can be both stressful and time consuming for the person in need of benefits. There is another option: proceed straight to commencing a lawsuit, and therefore protect the limitation period by starting the lawsuit early. Another benefit of this approach is that the case is entered into the court system as early as possible. My approach is to expedite cases as best as I can. I know my clients are in difficult situations.”
If you or someone you know has applied for long-term disability benefits and your application was denied at the outset, or your benefits have been terminated, consult an experienced long-term disability 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.
t: 416 661-4878
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