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How Unclear Medical Records Can Lead To Denied Disability in Ontario

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How Unclear Medical Records Can Lead To Denied Disability in Ontario

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.
denied disability in ontario

Accurate Medical Records Help With Claim Success

If you keep accurate, detailed medical records, you’ll have a much easier time if you ever need to file a disability claim. That’s because both government and private insurance programs mandate that all medical conditions be meticulously documented before any disability claims get paid and can be the major contributor to denied disability claims in Ontario.

This guideline applies not just to Canada Pension Plan (CPP) claims but to employer-funded and private insurance plans as well. In the insurance industry, particularly the medical/disability sector, documentation is of paramount importance.

When you don’t have sufficiently detailed records, or when you have no records at all, insurers have no way of knowing whether your claim is legitimate. What’s the definition of “good medical records,” and why are claims sometimes denied by private and government insurers, like the CPP?

Additionally, how can a lawyer help you if you need clarification on these questions or wish to get help if you were previously denied disability in Ontario?

Why Good Medical Records are a Must

Good medical records consist of timely, accurate, complete documents that honestly and clearly state when and what you were treated for, by whom you were treated, why you were treated, and what the outcome was.

These seven components of “accurate medical records” are the minimum criteria to meet the definition, namely:

  • Timeliness: the records should be created at the time the treatment is given, not later
  • Accuracy: documentation should contain only those medical services that were performed
  • Completeness: records should be detailed enough so as to offer a full, understandable picture of what was done
  • Date of service: the actual dates that medical services were provided to you.
  • Reason for treatment: within the medical record, there should be a statement by the professional care provider explaining why you sought treatment
  • Provider: the name, address, credentials, and contact information of the medical provider
  • Outcome: what happened as a result of the treatment you sought and received

Why Claims are Denied

If you have been denied disability in Ontario for a private or CPP claim, the insurer will inform you of the reason for the denial. In many cases, denials are a direct result of inadequate medical records. In addition to private disability insurance coverage, Canada has had an official government program, called the Canada Pension Plan, since 1965. But for CPP and all private or employer-based insurers, the rules about medical records are regularly updated. New requirements are added regularly. That’s why it’s imperative to always maintain your own records in as detailed a manner as possible.

Why are claims denied by private, employer, and government insurers? Here are some of the most common reasons:

  • You’re under the age of 65: For CPP disability payments, you must be 65 or older to file a valid claim.
  • You haven’t contributed enough: You need to have worked long enough to contribute a minimum amount into the CPP plan.
  • Your disability must be classified as both “prolonged” and “severe” for CPP claims. This is the part of CPP claims where applicants are often
  • denied due to insufficient medical records.
  • Your condition does not meet the definition of “disability” according to your private insurance policy.
  • Your condition is not covered by your privacy policy.
  • The private insurer denies the claim due to inadequate medical records.

Getting Legal Help

Keeping accurate, legally sufficient medical records is a challenging task. On top of that, you need to know how and when to file a successful claim. Especially if you have been denied disability in Ontario, it’s important to hire a lawyer to resubmit a claim. Yes, many people “go it alone” and attempt to try again and again when their first, second, or third attempts to get disability are turned down. Hiring a competent lawyer who has experience with CPP and private disability claims is a much wiser approach and improves your chances for success.

Even before calling a lawyer, it can be helpful to study the official CPP website where all the rules are listed pertaining to how to file and what kinds of documentation you need to make a successful claim.

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.

OUR CLIENTS

What They Say About Us

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.
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.
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.
David Himelfarb, Silene Malhao, Mena Brar did an amazing job with helping me. They're amazing to work with.
I had an outstanding experience with David Himelfarb, Silene Malhao, and Mena Brar on my personal injury case. From start to finish, they were professional, knowledgeable, and truly dedicated to achieving the best outcome for me. Mena was incredibly helpful in keeping me informed and ensuring everything ran smoothly. David and Silene communicated clearly, kept me updated throughout the process, and made sure I felt supported every step of the way. I am incredibly grateful for their hard work and highly recommend their services to anyone in need of expert legal representation.
I was very satisfied with the service I received. Daniel was very understanding of my situation and worked very hard for me as he was working with, from my understanding, a difficult insurance company. In the end, he did very well on my behalf.
I’ve been working with Himelfarb Proszanski since 2019, after the accident and I can’t recommend them enough. Dan Holland was the lawyer assigned to my case, and he was absolutely amazing. From day one, he was dedicated, always working in my best interest and never giving up on my case. He made sure to explain everything to me in detail, so I never felt lost or confused. Whenever I had questions, he was always accessible and quick to respond, which made me feel supported throughout the entire process. I never felt like I was alone — Dan was there every step of the way, holding my hand and making sure I understood each part of the journey. Thanks to his hard work and the incredible team at Himmelfarb Proszanski, I got the results I was hoping for. If you're looking for a law firm that truly cares about their clients and delivers results, look no further.
I would highly recommend David Himelfarb & his team to anyone needing a personal injury lawyer. He walked with me from shortly after my very serious car accident through the entire process. They looked after everything that needed to be done, answered my questions and kept me up to date on our progress. I felt I was well looked after. We have just completed mediation, and I am very satisfied with the results. I now understand the importance and value of having an excellent personal injury lawyer.
Mena is always welcoming, professional, and incredibly helpful.from my first call she consistently provided excellent service with a friendly attitude. Her efficiency in managing appointments and quick responses to any inquiries made the entire experience smooth and stress-free.highly recommend Mena for exceptional front desk support!
I can’t express enough how grateful I am to the Himelfarb Proszanski Law firm. From my very first call, their team made me feel like I was their top priority. I was appointed Dan Holland, who took amazing care of my incident and its proceedings. He took the time to truly understand my situation and fought tirelessly for my best interests. He was on point with his correspondences and appointments and was prompt with his actions to follow it all up as well.

Dan Holland did an excellent job with my settlement. I am totally satisfied with the outcome.

I would not hesitate to request their services again and highly recommend them!!

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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