What are the Steps in a Long-Term Disability Lawsuit in Nova Scotia?
Do you have a long-term disability that prevents you from working? Long-term disability insurance could replace a specific percentage of your earnings before the non-work-related injuries that derailed your ability to work. To get these benefits, you must file a long-term disability claim. Here are the essential steps you must follow.
Step 1: Get a claim form
First, consult with an experienced long-term disability lawyer to determine the timing of your lawsuit. Each LTD claim in Halifax is unique, and timing will depend on different factors such as the specific actions your insurer decides to take, the decisions you and your lawyer make during the litigation, and more. Most claims take 9 to 12 months to settle or go to trial, while others take up to two years or longer.
It’s also essential to gather all relevant facts and evidence to support your claim. Your lawyer should help you request an insurance claim file from the insurer and acquire the correct medical records from your doctor. If your employer provides private insurance as part of the workplace group disability plan, you can quickly obtain the LTD form and relevant instructions. For people with private individual disability insurance coverage, their insurer will provide claim forms and claim filing guidelines.
Step 2: Seek medical support
You must prove that you have a disability to be eligible for long-term disability benefits. It is essential to document your health and acquire medical records that prove you have a mental or physical condition that prevents you from working. Some of the health experts you may want to consult with include psychiatrists, chiropractors, and medical doctors.
Seeking medical support makes it easier to document the injuries or illness that caused your disabilities. Your lawyer will need these documents when filing a long-term disability claim.
Step 3: Complete the claim application
Generally, a claim application consists of different forms depending on your insurer. Some of the common forms you must complete include the claimant statement, attending physician’s statement, plan sponsor statement, and job description. Most of the paperwork has legal and insurance jargon. This is why it’s crucial to have an experienced lawyer on your side to ensure all the necessary forms are correctly completed.
Step 4: Submit your application
Your claim application and all other documents required by your insurance policy should be submitted to the insurance service provider. Different insurers allow claimants to submit their applications through email, fax, and more. The insurance company will provide clear instructions about how or where to submit the application forms.
There are time limits tied to the submission of the application paperwork. Confirm with a disability insurance lawyer to know when the forms should be submitted. Violating the time limit regulations could be grounds for the insurance company to deny your claim.
Step 5: Claim assessment
Once you have submitted your claim application, your insurer will assign a case manager or adjuster to review and assess your claim. It takes 7 to 30 days for the adjuster to assess the health information provided, consult with your employer, analyze your occupational demands, and assess your ability to handle your daily living activities.
It is in your best interest to work with a lawyer who can ensure your claim adheres to the necessary regulation to get your claim approved.