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Disability Denials

LTD Medical Evidence the Insurer Says Is Missing

Reviewed by Michael Murphy, K.C., Senior Counsel · Updated

LTD medical evidence fails for a predictable reason. The file is full of treatment notes and empty of anything that answers the question the policy asks. A chart that records visits, prescriptions and pain scores describes care. It does not describe what you can and cannot do for eight hours, which is the only thing the definition of disability turns on.

What LTD Medical Evidence the Insurer Actually Wants

Insurers use the phrase to mean a finding made by someone other than you: an imaging result, a range-of-motion measurement, a validated psychometric score, an observed limitation on examination. The demand is not a rule of law, and many disabling conditions have no imaging correlate at all. What answers it is a clinical opinion that states the restrictions and limitations in functional terms and explains the reasoning behind them, rather than one that repeats a diagnosis.

Why the Attending Physician Statement Is Not Enough

The insurer’s own form is short by design. A family physician filling in boxes under time pressure produces a document that supports a denial as easily as an approval, because it rarely explains why the condition prevents the specific duties of the job. A narrative letter from the same physician, prepared with the job description in hand, does far more work than the form it accompanies.

Reports That Answer the Definition in Force

The evidence has to match the test being applied. During the first stage, the file must connect the impairment to the essential duties of your own job, which means someone has to put those duties in writing. After the switch described in the change of definition chapter, the file has to address other work you could realistically be trained for, so vocational evidence and a functional capacity evaluation carry the weight. Which test applies to you is covered in own occupation and any occupation.

The Treatment Gap the Insurer Reads as Recovery

Policies require appropriate care from a qualified practitioner, and long stretches without appointments get read as improvement. Waiting lists, cost and travel are real explanations, and they only help if they are recorded somewhere. Say them to your physician so they appear in the chart, because a chart that is silent about why you stopped attending is a chart the insurer will characterise for you. Missed appointments also feed the non-compliance reason in why insurers deny.

Getting the Evidence Before the Deadline

Specialist reports take months, and the limitation period does not wait for them, which is why the deadline to sue is fixed first and the medical file is built afterwards. The firm commissions the reports a denial file needs and pays for them as a disbursement, with no fee unless the claim resolves, as set out on the long-term disability lawyer page. Cases weighing this kind of evidence are searchable on CanLII.

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