Disability Denials
Disability Denials in Atlantic Canada, the Guide
Disability denials follow a pattern. The insurer approves nothing, or pays for a while and then stops, and the letter gives reasons that sound medical but come from the policy wording. This guide explains that pattern for long-term disability claims in Atlantic Canada, one chapter per question, from the definition in the policy to the lawsuit that answers a denial.
Who This Guide Is For
Anyone whose LTD claim has been denied or cut off, and anyone still being paid who wants to understand what the insurer’s file is building toward. The guide covers group policies through work and individual policies bought privately. The firm’s long-term disability lawyer page states the service. This guide states the law.
How Disability Denials Actually Work
A denial is rarely a finding that you are well. It is a finding that the written file does not meet the definition of disability in the policy, on the insurer’s own reading. The reasons insurers put in the letter are catalogued in why insurers deny. The letter also starts clocks. The offer of an internal appeal does not stop them, which is the trap described in the internal appeal chapter, and the court deadline itself is set out in the deadline to sue.
What the Chapters Cover
Chapters 2 and 3 explain the policy itself: the own occupation and any occupation definitions, then the elimination period before payments start. Chapters 4 to 6 follow the denial letter and the deadlines it starts. Chapters 7 to 9 cover the evidence fight over medical records and surveillance, and the change of definition that drives cut-offs at the two-year mark. Chapters 10 to 12 cover the CPP disability offset, then what a lawsuit claims and what the firm does on a denial file, which begins with contact and a copy of the denial letter. The statutes and decided cases the chapters rely on are free to read on CanLII.
