The first thing you should do is get legal advice.
Why Disability Insurance Appeals Rarely Succeed
Disability insurers will often invite you to “appeal” their decision. Unfortunately, these appeals are almost always unsuccessful, yet the insurer will invite you to “appeal” the “appeal”. When you “appeal” the claim denial, you are, in most cases, asking the adjuster to reconsider the decision to deny benefits. In over 30 years of practice in insurance law, I can count on one hand the number of times clients have successfully “appealed” a denial of disability benefits.
Why Delay Works in the Insurer’s Favour
Often, I do not see clients until months have passed since the initial claim denial. Critical time and energy are often wasted in clients conducting numerous and fruitless “appeals”. All the while, the client lacks a source of income, and financial pressures mount. Delay typically benefits the insurer. It is important to act quickly.
What a Disability Lawyer Does First
Requesting the Insurer’s Complete File
When I see a client who has been denied disability benefits, the first thing I do is request a complete copy of the insurer’s file.
Assessing a Claim for Punitive Damages
I need to review the insurer’s file to draft the lawsuit and to assess whether we should include a claim for punitive damages.
Does Filing a Lawsuit Rule Out a Settlement?
Issuing a lawsuit does not mean that settlement discussions will not occur. On the contrary, an insurer will often be motivated to discuss settlement once it realizes that you are no longer playing by its “appeal” rules and have chosen to have the dispute adjudicated in the Superior Court of Justice.
Ontario’s Two-Year Deadline to Sue Your Disability Insurer
Remember, you have two years, from the time your insurer denies your claim, to file a lawsuit.
Book a Free Consultation
Don’t hesitate to seek legal advice so we can begin moving forward to secure the benefits to which you are entitled.
