Information About Disability Law
• As it pertains to insurance claims, a ‘disability’ refers to having a serious illness or suffering an accidental injury that prohibits you from performing your job duties. Some insurance policies have different stipulation regarding what percentage of job duties you must be unable to perform, but that is the basic definition. • Disability law is a discipline that focuses on serving people who are technically disabled and are having trouble getting the benefits they need and deserve. A disability lawyer works on behalf of the injured or sick claimant in his or her struggles against the insurance company. In many ways, disability law is about the little guy going up against the big corporation.
• The reason that a disability lawyer enters the picture in the first place is when your disability claim has been denied or the benefits you were getting have been cancelled. If you are legitimately unable to work, having your claim denied or money taken away is very stressful. You have bills to pay and more than likely medication and treatments to pay for.
• If a disability lawyer takes on your case he will approach the insurance company for your money, and will often sue them and have the matter settled in court.
• Another time you may want to get in touch with a disability lawyer is if the insurance company has approached you and offered you a lump sum payment for your disability. They will usually do this if it seems as though your condition won’t improve and they’ll have to continue making monthly payments throughout your life. • Obviously, one payment will add up to a lot less than paying you continually, so it’s a good idea to contact a lawyer and see what your best course of action really is.
One Time Payment Offer
• Since insurance companies actually do deny claims and revoke benefits, it’s a good idea for claimants to follow some important tips. Basically, you don’t want any evidence indicating that you might not be as injured as you say, so be careful with social media sites like Facebook. If you’re supposed to have a chronic hip problem and you have pictures on Facebook of you dancing at a wedding, you might have some explaining to do.
• It’s also important that you keep up with your treatment appointments, whatever they happen to be. Go see your doctor when you’re scheduled and see any specialists you’re supposed to see, when you’re supposed to see them. If you miss too many appointments, it will give the impression to the insurance company that you really aren’t so sick or injured after all.
Tips for Claimants
• There are a handful of different insurance claims that claimants will file, depending on their individual situation. • Long Term Disability Claims – This type of claim is designed to cover your bills and expenses over a prolonged period of time. It is generally used for serious or chronic conditions that don’t heal quickly, or at all. This kind of claim is usually covered under group benefits through work or an individual policy. • Short Term Disability Claims – This type of claim is designed to cover your expenses for a shorter period of time, usually less than six months.
T ypes of Claims
• Canada Pension Plan Disability Claims – If you have made contributions to the Canada Pension Plan and have suffered a disability, you may be eligible for a disability benefit from the government. You must have a severe or prolonged physical or mental disability in order to qualify.
• Critical Illness Insurance Claims – This type of insurance provides you with a lump sum payment if you suffer from one of several different illnesses or conditions. These may include cancer, stroke, heart attack, blindness, kidney failure and more.
• Mortgage Insurance Claims – This claim is made to help pay all or a portion of your mortgage while you are disabled. Many homeowners get mortgage insurance when they first get their mortgage.
Types of Claims (con’t)
• There are many different disabilities that may qualify for full or partial insurance benefits. Here are some of the more common ones: • Fibromyalgia and Chronic Fatigue Syndrome – This may include pain in virtually any area of the body that makes it impossible to carry on a normal work life. Chronic fatigue is marked by a severe lack of energy that never really seems to get any better. • Alcohol and Drug Addiction – Even though these issues are both selfinduced, they are disabilities in every sense of the word. They can also be turned around with the right kind of treatment and a willing patient.
T ypes of Disabilit y
• Orthopaedic Disability – This type of disability refers to broken bones and fractures, arthritis, carpal tunnel syndrome, degenerative disc disease, severe back pain and others. These usually result from a slip and fall type accident or a workplace injury. • Psychiatric Disability – Many different psychiatric conditions can make it impossible for someone to go to work and perform his or her job on a regular basis. Some of the common disorders include bipolar disorder, depression, mood or anxiety disorder and post traumatic stress disorder.
Types of Disability (Con’t)
• Sickness and Disease Disability – These are conditions that generally require all of your attention and energy to try and cope with and overcome. Common diseases for this category include heart disease, stroke, cancer, diabetes, MS, kidney failure and hepatitis. • In certain cases, your insurance company may try to deny your claim or cancel benefits for any one of these conditions. That’s when you pick up the phone and call a disability lawyer to see if you have a case. If you do, your lawyer will take the steps necessary to get you the money you deserve.
Types of Disability (Con’t)