Cancer and Long Term Disability: What You Need to Know

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      Cancer and Long Term Disability: What You Need to Know

      Cancer and Long Term Disability: What You Need to Know

      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 applying for disability your claim 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 evidence 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.

      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.

      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

      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.