5 Reasons a Disability Claim May Be Denied and What Can Be Done

This a list of 5 reasons that a disability claim may be denied.  Has your disability claim been denied?  See if any of these reasons fit your situation.


Your disability insurance company says that you have a pre existing condition.

  • Often insurance companies will look at your medical records and suggest that because your policy is new and as you have seen a doctor 90 days prior to the effective date of your policy for a related disability you don’t qualify.  In our experience they are often wrong and are unfairly lumping one particular diagnosis with another.


There is insufficient medical evidence to support your disability claim.

  • Disability insurance companies often use this broad phrase when they disagree with your         doctor or don’t fully understand your medical condition.  Make sure you keep proof that you have sent in the records in support of your disability claim. Don’t get caught up in the endless cycle of internal appeals.  Your time is limited.  Retain a lawyer as soon as your claim is denied.


Surveillance by your disability insurance company seems harmful to your case.

  • Surveillance may be in the form of a video from a private investigator or from the scouring of your social media accounts. While sometimes surveillance can damage your credibility often it can be misleading and not be relevant to whether or not you can work.


Your claims administrator simply doesn’t like you and is being malicious or unfair.

  • You may have unfriendly and heated interactions with the case administrator or manager who is employed by your disability insurance company.  This can certainly increase your anxiety.  When this happens make sure your lawyer sues for punitive and aggravated damages.  Your disability insurer has a duty to interact with you in good faith


Your disability insurance company states that you haven’t had the right treatment or rehab.

  • This can be extremely hurtful.  Your disability insurance claims manager likely has very little medical training.  However, they may try to dictate what treatment you should be undergoing despite what your family doctor states.  Remember, your disability claim lawyer can fight this on your behalf.

If you have been denied short term or long term disability benefits by a disability insurance company you are no doubt feeling anxious about the process.  At Kotak Law we are committed to helping people access the disability benefits they have been denied and we understand your frustration with your disability insurance company.

We offer free consultations and don’t charge until your case is resolved.  We represent people throughout Ontario, Alberta and for those who cannot meet us at one of our offices we offer consultation at your home, a local coffee shop, courthouse, by telephone, Skype or WhatsApp.



We understand that being denied disability benefits can be frustrating and devastating. Your time to fight your disability insurance company is limited. Please do not delay in calling long term disability lawyer. We have successfully sued numerous disability insurance companies including: Manulife, Sunlife, Desjardins, Great West Life, Blue Cross, AIG, SSQ, RBC, Industrial Alliance and more.


Call your trusted long term disability lawyers at 1-888-GOKOTAK (Toll Free for all of Canada), or (416) 816-1500 (Local Number for Ontario Residents), (403) 319-0071, (587) 414-1010 (Local Numbers for Alberta Residents). Our consultation is free and we don’t get paid until you do. We can meet you at our offices, at a coffee shop, your home or a local court house. We represent disabled people throughout Ontario and Alberta, including Toronto, Mississauga, Brampton, Milton, Georgetown, Orangeville, Oakville, Burlington, Hamilton, St.Catharines, Niagara Falls, Stoney Creek, Kitchener/Waterloo, Cambridge, London, Windsor, Markham, Pickering, Oshawa, Peterborough, Keswick, Kingston, Ottawa, Banff, Brooks, Calgary, Edmonton, Fort McMurray, Grande Prairie, Jasper, Lake Louise, Lethbridge, Medicine Hat, Red Deer, Saint Albert and other locations.


Disclaimer: This article is intended to supply general information to the public. We make every effort to ensure the accuracy of this information. However, as laws change quickly, the reader should always ensure the accuracy and applicability of such information with respect to their particular case. The information contained in this article cannot replace a thorough and complete review of the reader’s situation by competent legal counsel who has had an opportunity to review all of the facts.