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Arthritis and Long-Term Disability Claims: What You Need to Know

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Arthritis and Long-Term Disability Claims: What You Need to Know

Don’t delay discussing your matter with us to find out how to build a winning case.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.
arthritis long-term disability Himelfarb Proszanski

Diagnosed with Arthritis

TL;DR

  • Being diagnosed with arthritis alone does not guarantee long-term disability benefits; a solid claim requires thorough documentation and objective testing.
  • To qualify, you must show how arthritis prevents you from performing any job you are reasonably trained for, not just your current role.
  • Disability claims may be denied due to pre-existing condition clauses, lack of objective testing, or the perception that arthritis symptoms are temporary.
  • Key to proving a claim: document your symptoms, treatments, restrictions, and limitations with detailed medical evidence from your doctor.
  • Hiring a qualified disability lawyer can help ensure your claim is complete, evidence-based, and properly supported.

 

Even if you have been diagnosed with arthritis in general or any other forms such as rheumatoid arthritis or psoriatic arthritis, you do not automatically qualify for long-term disability.  There are various steps that must be taken for you to present a solid claim for long-term disability benefits.

There are various types of arthritis, each of which impacts the body differently causing different types of impairments.  It is important that you and your doctor ensure the type of arthritis you are suffering from is diagnosed using objective testing and you are being treated with the correct medications.

Arthritis symptoms can range from joint pain, stiffness, swelling, and fatigue.  In some cases, arthritis can impact organ function and sight.  Due to the painful and long-lasting symptoms of arthritis which decrease activity, many who have the disease, also experience depression and low self-esteem.  One of the most debilitating symptoms of arthritis is chronic pain, which even when treated, can make it difficult to function in everyday activities and work.

Arthritis and Long-Term Disability Benefits in Ontario

Long-term disability claims are typically made close to two years after the onset of your disability.  In order to be eligible for long-term disability, it is imperative that you demonstrate how your arthritis condition prevents you from working not only your job but any job you are reasonably trained to do by education, training, and experience.

Disability providers, however, often deny long-term disability claims by relying on exclusion clauses for pre-existing conditions, that the disabling symptoms are subjective, that arthritis only temporarily flares up and causes bouts of disability, or there is no objective testing to support an arthritis diagnosis or that your arthritic symptoms can be accommodated by your workplace.

Eligibility

You will need to review your disability policy for exclusions and subjective complaint limitations for your situation. You will also need to obtain the reports from health care providers that explain your restrictions and limitations, sets out the testing done to support an arthritis diagnosis, and explains reasons why you can’t perform some or all of the material and substantial duties of your job.

Proving a Claim for Long-Term Disability

In proving a claim for long-term disability for arthritis it is important that that you complete the objective testing organized by your doctor. Your doctor must assess the degree of your disability based on the types of activities you are able and not able to do, like standing for two hours, holding your hands up, lifting more than 10 pounds, walking upstairs, sitting for two hours or grasping objects, just to name a few.

Have your doctor document a progression of your symptoms from the onset of diagnosis to disability and ensure your doctor clearly lays out your restrictions and limitations as it relates to being able to meet your work tasks. You must be compliant with all required treatment unless the side effects are too problematic.

You should also document your daily experience with pain and any side effects you are experiencing from the medication you are taking.

If this seems to be overwhelming, it is and can be for anyone. Hiring a competent disability benefits lawyer will ensure that your application for long-term disability for arthritis and any conditions arising from your arthritis diagnosis is thorough and evidence-based. Help is available.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

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We especially want to thank David, Alex, and Mena for their incredible support throughout the process. They were always available to answer our questions, kept us informed at every stage, and genuinely cared about our well-being. Their guidance made a stressful time much easier for us to handle.

Thanks to their hard work and expertise, we achieved a great outcome, and they are still working diligently to obtain additional compensation from the insurance company and pursue the catastrophic designation for my wife.

We are deeply grateful for everything the HIMPRO team has done for us. If you ever need experienced, trustworthy, and compassionate lawyers who will truly fight for you, we highly recommend HIMPRO.

HIMPRO BY HIMELFARB PROSZANSKI

HIMPRO is a leading law firm with full service personal injury and disability insurance lawyers. We have been recognized by Best Lawyers and assigned the highest rating, AV Preeminent, from Martindale-Hubbell. We provide a combined century of trial experience which has led to the successful settlement of over 10,000 cases with combined settlement value in excess of ¾ billion dollars. Our mission is to win your case. At HIMPRO by Himelfarb Proszanski we build winning cases. That’s the HIMPRO Advantage™.

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M5G 1V2
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