Questioning your medical condition is not the only way insurers could challenge a claim for long-term disability benefits. In many cases, disability insurance companies will attempt to sidestep any assessment of a person’s ability to work, seizing instead on “technicalities” to deny an injured worker’s claim based on deficiencies in their application. Being forced off ...

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Read More... from Former athlete triumphs in lawsuit against LTD insurer despite late claim filing

By Nainesh Kotak Having your long-term disability (LTD) claim wrongly denied or terminated can feel like a devastating blow, but challenging an insurer’s decision shouldn’t be overwhelming for injured workers. At Kotak Law, we see an LTD denial challenge as a collaborative effort between lawyer and client. Working as a team, we break your matter ...

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Read More... from How to challenge an LTD denial in five simple steps

By Nainesh Kotak Getting the long-term disability (LTD) benefits you are entitled to can be a challenging process, so starting your claim off on the right track is crucial. As I approach three decades in legal practice advocating for injured workers, I know as well as anyone that insurers will never make the LTD application ...

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Read More... from Five mistakes to avoid in your LTD application to improve your odds of success

By Nainesh Kotak Proactive and open communication with your long-term disability (LTD) insurer could help preserve your benefits or boost your case in court if they are ever terminated. I can understand why injured workers may not like the idea of becoming well acquainted with their insurance company after they begin receiving LTD benefits, but ...

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Read More... from Keep LTD insurers in the loop to minimize the risk of benefits termination

By Nainesh Kotak Long-term disability (LTD) benefit denials based on pre-existing conditions do not have to be the end of the road for injured workers in need of benefits.  Although the terms of each LTD group policy will differ, almost all include an exclusionary provision preventing claimants from obtaining benefits for an illness or injury ...

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Read More... from Understanding pre-existing condition exclusions in LTD policies

By Nainesh Kotak Following the advice of your doctor and other treatment providers is critical for long-term disability (LTD) claimants with serious addiction issues. Alcohol and drug abuse spring most easily to mind when people think of addiction, and problematic use of these substances features commonly in LTD claims – but not exclusively. Behavioural disorders ...

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Read More... from Adherence to treatment plans critical in addiction-related LTD claims

By Nainesh Kotak Private long-term disability insurance policies enjoy a reputation for more attractive terms compared with their group policy counterparts, but that doesn’t mean that the injured workers covered by them can expect a smooth ride from their insurer when it comes time to make a claim. These individually sold policies are a key ...

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Read More... from Private LTD policyholder wins significant settlement following early termination of benefits

By Nainesh Kotak A lump-sum settlement can provide the clean break many disabled employees are looking for from their long-term disability lawsuits. Although many insured people start out hoping a full recovery will enable a return to work, by the time they have been forced to sue their insurance company in court for an unfair ...

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Read More... from What to expect from a long-term disability settlement