We understand our clients with neurological conditions.

TORONTO & MARKHAM LONG-TERM DISABILITY LAWYERS FOR CLAIMS BASED ON NEUROLOGICAL CONDITIONS

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how to prove an LTD claim for neurological conditions. However, here are some general steps that you may consider:

1. Obtain a diagnosis and medical records from a licensed physician who specializes in neurological disorders.

2. Gather all relevant documentation about the condition, including medical tests, notes from healthcare providers, and an explanation of how the illness impacts daily life and work abilities.

3. File an application for long-term disability benefits with your insurance provider as soon as possible.

4. Provide all necessary supporting documentation to the insurer to support your claim, including medical records, test results, and any other evidence that demonstrates the severity of your condition.

5. Work closely with your treating physician and insurance provider to ensure that all necessary forms and documentation are completed accurately and submitted on time.

6. If your claim is denied, you may need to appeal the decision by providing additional evidence, obtaining a second opinion, or working with an attorney who specializes in disability law.

Remember, every case is unique, and the process can be complex, so it is essential to seek professional advice and support when making an LTD claim for neurological conditions.

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Disability claims for neurological conditions may be denied for a variety of reasons. Some of the common reasons include:

1. Lack of objective medical evidence: Neurological conditions can be complex, and it may be difficult to establish a clear diagnosis based solely on subjective symptoms. Insurance companies may require objective medical evidence, such as imaging or laboratory tests, to support the diagnosis.

2. Insufficient medical treatment: If an individual has not sought medical treatment or has not followed through with prescribed treatment, insurance companies may argue that the disability is not severe enough to prevent work.

3. Inadequate documentation: To establish a disability claim, it is important to provide comprehensive medical documentation that establishes the extent of the disability and its impact on daily activities and work. Insufficient documentation may lead to a claim being denied.

4. Inconsistent or conflicting medical opinions: If there are conflicting medical opinions or a lack of agreement among healthcare providers, it can be difficult to establish a clear diagnosis and demonstrate the extent of the disability.

5. Malingering or fraud: Insurance companies may deny claims if they suspect that an individual is exaggerating their symptoms or is not truthful about their condition.

6. Pre-existing conditions: If an individual has a pre-existing neurological condition, insurance companies may argue that the disability is related to the pre-existing condition and not a new disability.

It is important for individuals with neurological conditions who are seeking disability benefits to work with an experienced disability lawyer or advocate who can help them navigate the claims process and ensure that their rights are protected.

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How do you prove disability for concussion

Proving disability for a concussion can be challenging, as the symptoms and effects of a concussion are often not visible and can be subjective. However, there are several ways to document and prove the disability for a concussion:

1. Medical Records: It is essential to seek medical attention for a concussion and document all medical treatments received. Medical records can provide detailed information about the injury, the symptoms, and the recommended treatments.

2. Neuropsychological Testing: This type of testing can assess cognitive function and provide evidence of cognitive deficits caused by a concussion.

3. Expert Opinions: Expert medical opinions can be helpful in proving disability for a concussion. These opinions can come from a treating physician or a qualified expert in the field of concussion diagnosis and treatment.

4. Functional Capacity Evaluations (FCEs): These evaluations can help assess the individual's physical, cognitive, and emotional abilities and limitations, providing objective evidence of the disability.

5. Supporting Documentation: Collecting documents such as workplace performance evaluations, work restrictions, and other medical records can help build a strong case for the disability.

It is important to consult with an experienced disability insurance lawyer who can assist in navigating the disability claim process and help you gather the necessary evidence to prove disability for a concussion.

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why are disability claims for concussion denied

Disability claims for concussion may be denied for various reasons, including:

1. Insufficient medical evidence: Insurance companies require substantial medical evidence to support disability claims. If there is not enough medical evidence to support the claim, the claim may be denied.

2. Lack of objective findings: Unlike other medical conditions, concussions do not always show up on imaging tests or other objective tests. Insurance companies may require objective evidence of the concussion to approve a claim, such as cognitive or neuropsychological testing, which can be difficult to obtain.

3. Failure to follow treatment plan: If the claimant fails to follow the recommended treatment plan for their concussion, the insurance company may deny the claim.

4. Pre-existing condition: If the claimant had a pre-existing condition that could have contributed to the concussion or its symptoms, the insurance company may deny the claim.

5. Policy exclusions: Some insurance policies have exclusions for certain types of injuries, such as head injuries or injuries sustained during certain activities, such as sports.

It is important to have a thorough understanding of the disability insurance policy and the specific requirements for the claim in order to increase the chances of a successful claim. Consulting with an experienced disability lawyer can also be helpful in navigating the claims process and appealing denied claims.

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Neurological disorders and conditions are wide-ranging and can include any condition affecting the brain, spine or nervous system. When establishing a claim for long-term disability benefits related to a neurological condition, the key factor will be to demonstrate that the condition impacts the claimant’s ability to work, which can be a complex process depending on the language contained within a specific policy. Difference policies will have different definitions of what will be considered a “total disability”, which is what claimants will be required to prove in order to qualify for benefits, and this definition may change over time. For this reason, it is key that anyone whose long-term disability benefits for a mental health condition are denied or terminated secure an experienced disability lawyer right away to provide guidance with respect to the policy itself, and throughout the dispute process.

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