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Cancer and Long Term Disability: What You Need to Know

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

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Cancer and Long Term Disability: 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.
Cancer and Long Term Disability Himelfarb Proszanski

Cancer and Long Term Disability

Hearing that you have Cancer is traumatizing. It can be overwhelming. Not only are you sick, but there are also so many other considerations to make. One such consideration is Cancer and Long Term Disability. What do you need to know?

Most patients with a clear diagnosis of cancer have a valid claim for Long Term Disability Benefits (LTD). If you have been diagnosed with cancer and are submitting a disability claim, it will be highly scrutinized. The good news is that in order to make a definitive diagnosis of cancer, patients have most likely been through a battery of testing. They will have clear and convincing medical documentation to support their claim for LTD.

Usually, patients with cancer are given priority for hospital care and treatment. In addition, their doctor will likely agree that they will not return to gainful employment and a disability claim is appropriate. A claimant should document the entire process.

Cancer patients undergoing treatment have satisfied the policy wording which requires actively pursuing medical care. This type of treatment is usually intensive and may require surgery. You will need to provide documentation.

 

Denied Long Term Disability Claim

A denial of benefits can occur at any stage of the long term disability claim. You can appeal the insurer’s decision through its internal process. However, in most cases in the absence of new, compelling medical evidence, this will not change the insurer’s decision. Instead, you may need to retain a lawyer and commence legal action.

It is important to initiate the claim within two years of denial of the benefit.

  • Insurers may deny disability claims due to insufficient medical records. The claimant should see their doctor regularly, at least every two weeks to demonstrate that they are receiving appropriate treatment.
  • In addition, claims are often denied for failure to cooperate with medical practitioners or follow an appropriate treatment plan.

The insurer will expect the claimant to at least see a family doctor. However, further steps are often required. The family doctor should make referrals to an oncology specialist. The claimant must follow the advice of his or her doctors and take advantage of all available treatments.

Applying for CPP Disability Benefits

A claimant should also apply to the federal government for Canada Pension Plan (CPP) disability benefit. This is a separate application process. There is a Physician Statement portion of the application. Should you qualify for the CPP benefit, it may be easier to establish your claim for LTD benefits. In addition, CPP disability benefits are usually deductible from the LTD benefit. Therefore, the insurer will expect the claimant to at least make the application to CPP.

Get Help With Cancer Disability Insurance Claims

Long term disability lawyers have the expertise to guide you through these critical stages of your disability claim after a denial of LTD benefits. They will help you build a strong case to present to the insurance company. Experience to recognize what the insurance companies are looking for in distinguishing a winning or losing case is essential to getting the help you need.

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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I am so grateful to have had this incredible team on my side after my wrist was broken in in a car accident, They guided me through the complex legal process and assured I received the maximum settlement possible. I discovered first hand that our legal system demands victims have experts guide and advise them if they have any hope for a fair resolution. A huge thank you to Silene, Ingrid, Spencer and the rest of the awesome team for all their support.
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3 months ago
My wife and I were involved in an accident in 2023, and we were fortunate to have HIMPRO Personal Injury and Long-Term Disability Lawyers represent us. From day one, their team showed outstanding professionalism, compassion, and dedication.

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.
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4 months ago
A Magician , Passionate and Tough Negotiator: David Himelfarb proves what he told me in the first meeting on my MVA case. I fully endorsed David to anyone looking for a sincere and results oriented personal injury lawyer.
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5 months ago
After a serious MVA, where I was stopped making a left turn and was hit from behind by a fast moving vehicle. I was not able to carry on with my life as I had before the accident. David Himelfarb took on responsibility of my case personally. We developed a relationship based on trust and understanding. He acknowledged my pain, my frustration, my concern and my expectations. His years of expert lawyering were very evident almost immediately. He never disregarded my expectations but rather he empathized with me and told me where exactly they fit within the reality of the ontario justice system. His assistant Mena Brar was also a very welcomed addition to my case and my life for that matter. David and his team worked very hard for me. My case was not an easy one but in the end, I was pleased with the outcome. David’s knowledge, advice and direction were pretty much bang on. I am probably not the easiest person to please especially when I am wronged as I was. I highly recommend David’s firm and appreciate all he and his team did. I believe David to be a very honest and knowledgeable man. Trustworthy is a very good description of David from where I stand. Thank you for all you and your team did for me David.

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™.

LOCATION

Toronto Disability Lawyers
480 University Ave
Suite 1401
Toronto ON
M5G 1V2
(416) 599-8080

Brampton Disability Lawyers
2 County Ct Blvd
Suite 400
Brampton ON
L6W 3W8
(905) 595-6760

Hamilton Disability Lawyers
1 Hunter St E
Ground Floor
Hamilton ON
L8N 3W1
(905) 777-8002

Kitchener Disability Lawyers
22 Frederick St
7th Floor
Kitchener ON
N2H 6M6
(519) 772-7659

Oshawa Disability Lawyers
21 Simcoe St S
Oshawa ON
L1H 4G1
(289) 634-5554

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