| I applied for disability benefits but the insurance company has turned me down. My doctor says I cannot work. |
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| Disability policies have very specific provisions which set out tests you have to meet in order to qualify for benefits. The ordinary disability policy will have two different tests, one which applies for the first two years or a shorter period (commonly called short term disability) and one that applies after that period of time has expired (long term disability). |
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| The test for the first two years usually requires that you are not capable of doing your regular job. After two years, the test commonly changes to being unable to do any job for which you have the skills, training or experience. |
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| The courts have interpreted the wording in these kinds of policies quite liberally. Although it might appear on a strict reading of the policy that your claim may not fit within the definition of disability, you may nonetheless still be entitled to benefits. |
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| If your claim has been denied request that the insurance company provide you with a copy of the policy in question,so that you are aware of what specific test you have to meet. |
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| If you feel you have been wrongfully denied, give us a call and we will gladly review the policy and your particular situation with you to assess whether your claim should be pursued. |
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| Please be aware that disability policies have short limitation periods (usually one year from the date of denial or discontinuance of your claim). You should consult with a lawyer as soon as possible after your denial or after you have been cut off from benefits. |
