Toronto, Ontario (PRWEB) March 20, 2014 -- When someone is unable to work as a result of a serious injury or illness, they may consider making a claim for short-term or long-term disability benefits, depending what type of benefits their workplace offers.
There is much to know about being involved in a disability claim. The most important thing to know is that a disability claim is being monitored and reviewed by your insurer, so that they can determine if you are unable to work in your own occupation or any occupation.
Toronto lawyer Aaron Waxman, of Aaron Waxman and Associates is very familiar with short-term disability and long-term disability claims. He understands how devastating a denied claim can be to an insured person, especially at a time of financial need.
Waxman provides an overview of some key factors that insurers consider during the course of disability claims:
Surveillance: Your insurance company may or may not hire an investigative company to conduct surveillance of you during the course of your claim. You may or may not be aware when it occurs, but it is not illegal for your insurer to do so. If you have been honest with reporting your symptoms and limitations, and do not engage in activities outside of your limitations, the surveillance will be of little or no value.
Social Media: Social media is very popular. There are various cases where social media has been producible, based on the number of friends a person has, and cases where requests to access to social media have been termed “fishing expeditions”. What is contained on your public profile of Facebook for example, is easily accessible and may be very telling. It is important to be honest about what social media accounts you have with your lawyer. You cannot alter your account in any way. Think twice before posting on social media, as nothing can truly be erased off the Internet.
If you are already involved in litigation, do not delete your social media accounts as the insurance company may find this suspicious. Investigate what privacy settings are available for social media accounts before you decide to sign up for them.
Attending Treatment/ Seeking Medical Attention
It is important to show a willingness to seek treatment and to get better. You only add to the validity of your claim by seeing your family doctor, going to physiotherapy, for massage, to specialists when necessary and being compliant with medication. Short-term disability and long-term disability insurers generally require insured persons to be under the care of a qualified physician, and ask for regular medical updates.
Even if your claim is denied, it is important to continue seeking treatment.
Be Aware of Your Limitations
Your short-term or long-term disability claim will be assigned to a specific adjuster, who may be called a “disability claims manager” (or a similar title). This individual may come to the conclusion that medical evidence does not support a severe disability or severe symptoms that prevent you from being able to return to work. This is why it is crucial to report limitations to your treating practitioners and physicians. A limitation is an action or task that a person can only do for a certain period of time, as a result of their symptoms, i.e. only able to sit or stand for 10 minutes as a result of fibromyalgia. It is important to provide up to date medical information to your insurer which documents the extent of your disability.
Understand Objective Evidence
Waxman advocates the importance of regular appointments with your primary physician. It is very necessary to report complaints of pain, discomfort and other such conditions. Doctors only write down what you report to them during your appointments.
A helpful piece of advice, if you have multiple areas of pain, is to list your areas of pain, starting from the top of your head and working your way down, this way you are always reporting all of your symptoms. You may also want to consider keeping a journal to record your symptoms and pain levels.
Short term-disability and Long-term disability benefits cover claims related to both physical and mental illnesses. It is important to consult an experienced lawyer when short-term disability or long-term disability benefits are denied or if your claim is not being handled properly by the claims adjuster.
Aaron Waxman and Associates is a Toronto law firm whose practice is focused on long- term disability claims and other types of personal injury claims including motor vehicle accidents, slip and fall claims, traumatic brain injury claims, spinal cord injury claims, wrongful death claims, critical illness claims and CPP Disability 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
Aaron Waxman, Rank Xpress, http://www.torontopersonalinjurylawyers.net/, +1 (705) 302-0351, [email protected]