London Disability Lawyers

Kotak Law: Your Voice Against Unfair Disability Denials in London, Ontario

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Getting a disability claim denied can feel like the world is crashing down on you. You’re already dealing with an injury or illness that prevents you from working, and now you’re losing out on the financial support you desperately need. Unfortunately, it’s incredibly common – did you know that roughly 60% of initial disability claims in Canada are denied?

Insurance companies are businesses and often do whatever they can to protect their bottom line. That might mean downplaying the severity of your condition, finding loopholes in the policy language, or making you jump through hoops until you give up. The result? Lost wages, piling bills, and the emotional toll of fighting a system that seems stacked against you.

But you don’t have to accept a denial. You have the right to fight back. That’s where Kotak Law comes in. We’re your voice against unfair disability denials in London, Ontario. Our experienced disability lawyers know how insurance companies operate and are dedicated to fighting for your rights. We’ll build a strong case and guide you through the appeals process, giving you the best chance of getting the benefits you deserve.

Understanding Disability Claims in Ontario

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“Know me for my abilities, not my disability.”

— Robert M. Hensel

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Types of Disability Benefits

Long-Term Disability (LTD)

A serious illness or injury can disrupt your career and put your finances at risk. LTD offers a measure of security for your income when you can’t work for an extended period. It’s designed to provide a portion of your income (usually 60-70%) when you can’t work for months or even years. If your claim is denied or you face challenges obtaining the benefits you deserve, consulting with a long-term disability lawyer can be invaluable. Remember, to qualify, the disability usually needs to prevent you from doing the essential tasks of your own occupation and sometimes any gainful occupation that you are suited by way of education, training or experience.

Short-Term Disability (STD)

STD is like a financial buffer for unexpected setbacks that temporarily knock you off your feet. If an illness or injury keeps you from working for a few weeks or a few months, STD can provide partial income replacement. Many employers offer this benefit, or you can purchase it privately. If your disability extends beyond the coverage period of your STD, getting in touch with an STD lawyer can help you explore your options for long-term financial support.

Canada Pension Plan Disability Benefit (CPP-D)

If you’ve contributed to the Canada Pension Plan and a disability prevents you from working in any job domain, CPP-D could be an income source. To qualify, the disability must meet the specific definition of both “severe” (meaning no substantial gainful work is possible) and “prolonged” (either permanent or expected to lead to death). CPP-D provides monthly payments, but be prepared for a potentially long wait time for application processing.

 

Why Insurance Companies Might Deny Your Claim?

Insufficient Medical Evidence

The most frequent reason for denial is scant medical evidence. You need clear, objective proof of your disability from your doctors that aligns with the policy’s definition of disability.

Failure to Meet the Policy’s Definition of “Disability”

Policies have specific definitions of what qualifies as a disability. Often, the definition changes over time from “own occupation” (can’t do your specific job) to “any occupation” (can’t do any job reasonably suited to your background).

Missed Deadlines

Strict deadlines apply for submitting claim forms, doctor’s statements, and other documentation. Missing deadlines can lead to automatic denial.

Disability Definition Disputes

The insurer may hire an Independent Medical Examiner (IME) whose opinion contradicts your doctor’s, leading to denial.

Surveillance or Social Media Activity

Insurers may investigate, and if evidence shows you engaged in activities inconsistent with your claimed disability, they may deny it.

Lack of Cooperation

Not responding to the insurer’s requests promptly or refusing necessary medical exams can weaken your case.

 

Appeal Process for Denied Disability Claims

Insurers will offer an internal appeal process (Not a Good Option)

 However, they rarely overturn their own decisions and the process will likely delay your path to resolution.  We will commence a lawsuit against the offending insurance company and move your case as quickly as possible to a speedy and just outcome.  We have successfully sued all disability carriers in Canada.  We will prepare a brief that contains arguments and evidence to support that you meet the definition of disability as described in the insurance policy.  We start the claim early and work to resolve your case early through the process of mediation.

How a Disability Lawyer Helps with Litigation

• Honest Assessment: A lawyer will thoroughly review your claim and give you a realistic picture of your chances of success in court.
• Building Your Case: They’ll guide you through gathering the strongest evidence, working with experts, and preparing compelling legal arguments
• Knowledge and Experience: Disability lawsuits are complex. Your lawyer will handle the legal side, letting you focus on your health.
• Settlement Negotiation: Even during litigation, your lawyer will seek opportunities to negotiate a fair settlement outside of court if it’s in your best interest.

 

Disability Claim Denial: Next Steps

Receiving a disability claim denial can feel like the rug has been pulled out from under you. The income you were counting on is gone, and the stress of fighting a complex system mounts. But it’s crucial to remember: a denial isn’t necessarily the end of the road. Here’s what to do:

Contact Kotak Law

• Don’t Go it Alone: Disability law is complex, and insurance companies know how to play the game. Your best weapon is a skilled disability lawyer.  
• Expertise Matters: We understand insurers’ tactics and how to build strong appeals.
• Free Consultation: We’re here to assess your case, explain your options, and guide you through the process. Let us take on the burden while you focus on your health.

 

Why choose Kotak Law for your disability claim appeal?

Our Experience and Expertise

We’re dedicated specialists in disability law with years of experience fighting for individuals like you. This experience translates into an in-depth knowledge of complex regulations, insurance company tactics, and how to build the most compelling case possible.

Our capable legal team has a track record of prevailing against insurance providers, showcasing our expertise and effectiveness. We’ve overturned countless denials, securing much-needed benefits for our clients. This means we understand how insurers evaluate claims and the strategies that work to challenge their decisions.

We handle a wide range of disability claims, including but not limited to Depression, Anxiety, Stress, Chronic Pain, IBS, Crohns, Fibromyalgia, Chronic Pain, Cancer, Heart Disease, Stroke, Accidents, Back and Neck pain, Migraines and Headaches, Post Traumatic Stress Disorder and Chronic Fatigue Syndrome.  No matter your specific reason for disability, our experience in these areas gives us a distinct advantage.

Personalized Approach

Your case isn’t a number to us. As one of the leading London disability law firms, we understand the stress, frustration, and fear you’re experiencing after a denial. We’ll take the time to truly listen to your story and how your disability impacts your life.

Our lawyer, be it a LTD lawyer or a STD lawyer will communicate clearly every step of the way—no confusing legal jargon, just honest guidance. We’ll explain the  process, answer your questions, and ensure you feel informed and empowered.

Beyond legal advice, we can connect you with resources for financial assistance, healthcare, or other support while your appeal is pending. We recognize that the fight for benefits is just one aspect of the challenges you’re facing.

Understanding Your Options

We’ll carefully assess your case and explain your options in plain English. We’ll analyze the details of your denial and explain the pros and cons of different avenues. 

London disability lawyers will develop a personalized strategy to give you the best chance of winning. There’s no one-size-fits-all approach. Our advice will be tailored to your unique circumstances to maximize your chances of success.

We involve you in the decision-making every step of the way. Ultimately, it’s your life and your claim. We’ll present the options and recommendations but empower you with the knowledge to make the best choices for yourself.

With Kotak Law, you don’t pay unless we win your case. This means you can get the legal help you need without worrying about upfront costs during a difficult time.

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