Long Term Disability Claims
The lawyers at Rogers Rogers Moyse have extensive experience in dealing with unfair denials of our client’s Long-term disability claims.
If you have been denied disability benefits by your insurer you do have rights and you should contact our firm immediately.
Many people are under the mistaken belief that if they are denied disability benefits by their insurer they have no recourse. This is not the case. Usually, there is a right to appeal the insurer’s decision and also the denial of benefits could trigger legal rights of action for breach of contract.
Most disability policies provide for a change in the definition of “disability”, usually at around the two-year mark. Typically the definition will change from being disabled from “your own occupation” to being disabled from “any occupation”.
“Any Occupation” does not mean that you must not be able to work at any job. It must be that you are not able to work at any job that is similar to jobs that you have worked before, where you are paid a similar amount to what you have been paid in the past, and that is a suitable job for you with respect to your education and work experience. This illustrates how no one ought to assume that they do not qualify for benefits – seek out experienced legal advice at Rogers Rogers Moyse.
Quite often disability cases can involve other possible avenues of compensation, such as CPP Disability – we will walk you through the process to ensure all rights of compensation are explored. Usually, in a typical disability policy, any CPP Disability payments received will reduce the monthly entitlement of Long-term disability. However, qualifying for CPP Disability can often help to prove your Long-Term Disability Case. The definition for disability in CPP Disability cases is a disability that is prolonged and severe. It is a tough definition and being accepted by CPP Disability can be influential on the outcome of your Long-term disability case.
Limitation periods are at play so it is vitally important that you contact a lawyer in a timely manner. Do not hesitate to contact us. However, don’t assume that you are out of time. The Newfoundland and Labrador courts have found in certain cases that the applicable limitation period can be as long as six years! The professionals at Rogers Rogers Moyse will carefully examine the facts of your case to ensure that all avenues are explored to your advantage. Don’t assume that you are out of time – speak to one of our experienced lawyers first.
The Courts have held that policies of Disability insurance are what are called “peace of mind contracts” – meaning that the purpose and intent of these policies is to replace income in times of need. The courts have historically been hard to insurance companies that have improperly denied disability benefits to entitled claimants – in fact, the courts have, at times, awarded significant aggravated and punitive awards against insurance companies that have acted improperly in denying benefits and destroying the intent of the policy, to provide peace of mind coverage in times of need. Aggravated and punitive damage awards are amounts awarded over and above the contractual entitlement to send a message or to punish improper actions on the part of insurance companies. The law is there to protect people who are unfairly denied these benefits. Thus it is vitally important that you contact us to discuss your rights.
Remember that an insurance company’s interests do not necessarily align with your own – they are in the business to make money. Therefore it is vitally important that you obtain knowledgeable legal advice whenever you are denied disability benefits – you do have rights and in most cases, we can do something about this.
At Rogers Rogers Moyse we handle Long term disability claims on a contingency fee basis. We realize that someone who is off work due to disability does not have money sitting around to pay a lawyer. We will take on your case and we will not get paid until you do! We try to level the playing field for everyday people who are taking on a fight against a large and wealthy insurance company.
We will stand for you!
Important Key Points:
- Do not assume that just because you have been denied benefits that you have no rights or recourse – contact a lawyer immediately
- Long-term disability policies can be complicated and intimidating – contact a lawyer with experience dealing with these types of policies to help you navigate
- There are often rights of appeal and also a right to a civil action for breach of contract if you are unfairly denied Long-term disability benefits
- Rogers Rogers Moyse takes these cases on a contingency fee basis – meaning that there are no upfront costs to you – we are paid a set percentage when your case is concluded. We only get paid when you do!