Denied disability


#1

can someone give me an estimate of what the appeals process is like, odds of winning, and how long it will take. the whole thing has been cruel imo it is sick


#2

Read https://www.resolutelegal.ca/blog/appealing-disability-denial


#3

It really depends on what type of disability claim you are appealing. Jammer has linked you to our main article that covers appeals in general. The odds of winning and how long it takes depends on your circumstances; however, many people are successful on appeal. If you are dealing with an insurance company, sometimes you will need to use the legal process in your appeal to force them to pay disability benefits.


David Brannen

Disability Lawyer with Resolute Legal

The response posted above is based on the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with a lawyer, fully explain your situation, and allow the lawyer enough time to research the applicable law and facts required to give an adequate opinion. The basic information provided above is intended as a public service only, a full one-on-one discussion with a lawyer should be done before taking any any action. The information posted on this forum is available to the viewing public and is not intended to create a lawyer client relationship with any person. If you want one-on-one advice, please click here to request a free consultation or call toll free 1-877-282-5188 to speak with a member with our disability claim support team.


#4

The minute I received the call informing me of my denial I contacted a lawyer to handle my appeal. It took about 11 months to settle the matter. It might be worth having a free consult with David, it can’t do any harm and may provide you with some stress relief.


#5

My appeal went fairly well and quick. It’s so very important to sit down with your doctor and have a proper letter drawn up by him/her and a copy of your medical file. The most difficult thing is insisting on the time allotted at your Dr appt. the Dr situation is getting worse by the year in Canada and most times you only get 10min with them. That’s not enough. I also wrote my own letter, 4pages. It was frustrating for me when I read my chart notes at from the Dr. He has been with me through all my surgeries, rehab and everything else in between, but his notes were short and non descriptive. I have kept a diary for the last 4 years and I’m glad I did, it was easier for me to write my letter when I had something to refer back to. Don’t give up. Do everything you can to get what you deserve,but it all starts with your Dr. Good luck.


#6

I was denied several times before I was approved. My LTD insurer insisted that I apply about every six months.

In my case, CPPD telephoned to tell me why they had not approved my claim. They were not always nice. I had to laugh when one of the CPPD nurses kept telling me that she was a nurse. I finally told her that I was aware of that. (I know that is off the topic.)

It took quite a long time to be approved. My advice is to help your doctor give them all the information that he/she can. I had to change doctors because the one that I was with flat out refused to complete another questionnaire. Encourage your doctor to give them test results, results of x-rays and scans and their overall opinion of whether you would ever be able to return to work.

I believe that I have made what was supposed to be a brief reply, into a very long one.