Why Do I Need a Disability Lawyer When Making LTD Claims?
This article contains general information and is not legal advice. For qualified legal advice, please call 604-876-7000 to get in touch with a BC Disability Insurance Lawyer near you.
*Please note that if you are a union employee and are subject to a collective agreement that references a disability insurance plan, you should immediately discuss your claim with your union representative. Our firm may not be able to assist in these situations. Limitation periods can be very short—sometimes weeks—when a union grievance process is available.
If you’re considering filing a long-term disability (LTD) claim in British Columbia, you’re likely facing a system that’s against you. Insurance companies deny most claims they receive, and relying on them to resolve the matter on their own is putting the benefits you’re entitled to at risk.
The harsh reality is that without proper legal representation, you’re entering a battle where the odds are stacked against you.
Dyson Law Firm helps claimants navigate these legal challenges and fight for the benefits they’re entitled to. Keep reading to learn why you might need a British Columbia disability insurance lawyer on your side.
LTD Claim Denials Are Far More Common Than You Think
Many British Columbia residents seeking disability benefits don’t realize how many LTD claims are denied in bad faith. Disability insurance denies most of the claims they receive.
Insurance companies profit more when they deny claims initially, even if their reasoning doesn’t align with medical evidence. Making the process complicated and frustrating makes it more likely that claimants give up early on, or agree to settle for a lower amount than what they’re entitled to.
Recognizing the signs of bad faith denial is the first step in protecting yourself, you can read more about it here:
Scenarios Where We See LTD Claim Denials
When LTD Claims Are Denied After Serious Accidents
Accident-related disabilities often face unique challenges because insurers question the gap between objective medical evidence and subjective functional limitations.
In other words, while it’s subjectively clear you have been seriously injured, insurers will question how that injury translates into being unable to work, especially long-term. Additionally, chronic pain and cognitive impairment from a brain injury are difficult to measure objectively, making it easier for insurers to question severity and deny your LTD claim.
Learn More: Disability Lawyer for Accidents: When an Injury Stops You From Working
Mental Health Conditions Are Commonly Disputed in LTD Claims
Because mental health conditions cannot be confirmed through X-rays or MRIs, insurers often apply greater scrutiny to these claims despite clear medical diagnoses.
Severity varies widely from person-to-person for conditions like depression or anxiety, which leads insurers to question severity and use that as reasoning for a denial. They may suggest that medication should resolve your symptoms and make you able to work.
Furthermore, insurance companies often hire psychiatric experts who have never met you to review your file and conclude that you’re capable of working. This is problematic as your doctor would understand your condition much better than who the insurance company hires.
Another mental health condition which can become very debilitating is PTSD. Like other conditions, they are invisible, but certain triggers can send someone who struggles with PTSD spiraling.
Army veterans are particularly vulnerable to experiencing severe PTSD symptoms. Despite there being more awareness surrounding veteran PTSD, insurers may still question the connection between military service and current symptoms, especially if there was a gap between service and claim filing.
Learn More:
Insurance Companies Push Back on Epilepsy LTD Claims
With LTD claims involving epilepsy, insurers often question seizure frequency and severity, especially if your seizures aren’t witnessed by medical professionals. They may argue that medication controls your condition sufficiently for you to work, ignoring side effects that cause cognitive impairment or fatigue.
Work capacity disputes for epilepsy patients are common because insurers focus on periods between seizures rather than the unpredictable nature of the condition and safety concerns in many occupations.
Learn More: Denied Disability for Epilepsy? Here’s How a Disability Lawyer Can Help
Challenges in LTD Claims Based on Chronic Pain
Chronic pain conditions face the highest level of skepticism because pain is inherently subjective and invisible. Conditions like fibromyalgia, chronic fatigue syndrome, or complex regional pain syndrome are particularly vulnerable to denial because standard diagnostic tests often appear normal.
People with chronic pain also can experience days where they may feel more healthy, productive, and able-bodied, before having intense flare-ups where they can hardly move. Regardless, insurers may see a “good day” as evidence that your pain isn’t disabling and you can still work.
In reality, chronic pain conditions can be completely debilitating despite normal test results.
Why You Need a Disability Lawyer When Making LTD Claims
It’s important to act fast if you’re having any trouble securing LTD benefits. There’s a strict 2-year limitation period on disability claims in BC. This limitation period won’t be extended by any internal appeals you make, meaning your claim could be lost forever.
It’s important to understand that many insurers have a history of denying LTD claims, even when they’re legitimate. Denial doesn’t mean the end of the road. By working with a Disability lawyer, you can fight for the benefits you’re entitled to.
At Dyson Law Firm, we understand the complexities of LTD claims and have decades of experience securing benefits for those who were wrongly denied. Our history of representing LTD cases has given us insight into how insurance companies operate and what evidence is needed to build winning cases.
Read More: Are Disability Lawyers Worth It? 4 Warning Signs You Need Legal Help