Disability Insurance Claim Denied

There are time limits to all claims and any delay in proceeding may be subject to a deadline, you should not delay in proceeding with your disability claim by obtaining legal advice to clarify these deadlines.

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Appealing a Denied Long Term Disability Claim

The stress brought on by a denied long term disability claim can be taxing. That's why choosing an experienced long term disability lawyer to represent your rights is so important. 

Jwan Desai is a highly respected long term disability lawyer with a straightforward plan of action - getting you the long term disability benefits you deserve. Here is an idea of what you can expect from a long term disability lawsuit.

1. Filing a Statement of Claim

The first step in a long term disability lawsuit is filing a Statement of Claim with the court which will then be served on your insurance company. This will mark the beginning of your lawsuit. The Statement of Claim is a legal court document summarizing your case facts as well as your demands from your insurance company.

Your demands may include payment or reinstatement of your disability benefits, payment for your legal fees acquired in this lawsuit, interest and damages from mental hardship.

2. Filing a Statement of Defence

After your insurance company has been served with the Statement of Claim, they will file a Statement of defence laying out the facts they beleive jusitified their denial or termination of your long term disability claim.

The insurance company has 20 days to file their Statement of defence. However, it is not uncommon for them to file for an extension. 

3. Discovery

Discovery is when two parties exchange information such as all relevant records pertaining to the case. Oral discovery will involve the insurance company lawyer asking you questions while you are under oath. These questions will pertain to your disability claim, your medical symptoms, medication and treatment, your work experience in addition to your everyday activities.

Jwan Desai, as your Ontario long term disability lawyer, will be there with you to ensure you do not answer any irrelevant or unfair questions. 

Jwan Desai will also question your insurance company representatives' justification in denying your long term disability claim or terminating your long term disability benefits. 

Mediation is where all parties get together with a neutral third party mediator to present each side of the case. This may take place either before or after your discovery. Following mediation, each party will leave into separate rooms and the mediator will go back and forth with settlement proposals.

4. Medical Assessments

Long term disability lawsuits rely heavily on medical data. You will be properly examined by a qualified medical professional working on behalf of your disability attorney Jwan Desai or your insurance company. The medical expert will form a report and may also be called as a witness in your long term disability trial.

5. Trial

If a settlement cannot be reached during mediation, the next course of action is Pre-Trial. In many cases both parties will try to resolve the case with the help of a judge before going to trial.

Pretrial is also used to determine the final course of action required for a successful trial.

Trial is where either a jury or judge will determine whether your are disabled and entitled to long term disability benefits and damages.

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Contact info

4789 Yonge Street

Suite 520

Toronto, Ontario M2N 0G3

Tel: 416-848-4570

Toll Free: 1-855-55DESAI

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Disclaimer: The information provided in this website is for informational purposes only and Jwan Desai does not assume any legal liability or responsibility for the accuracy, completeness or usefulness or any information contained therein. Legal advice should always be obtained by a lawyer. The information provided in this website does not in any way constitute a solicitor-client and/or lawyer-client relationship of any sort. Jwan Desai is only retained as counsel to a client subsequent to a written retainer agreement being executed in person. There are time limits to all claims and any delay in proceeding may be subject to a deadline so you should not delay in proceeding with your claim or obtaining legal advice to clarify these deadlines.