Personal Injury Law
Long Term Disability Arising from Arthritis
Personal Injury Law
Arthritis Disability Benefits Lawyer
Arthritis refers to medical conditions that affect your joints, leading to swelling and pain. Dealing with arthritis can be tough, especially when it affects your ability to work. In most cases, the patient will see an immediate reduction in their ability to work, leading to a substantial loss of income. To get through this difficult phase, you will need to claim long-term disability benefits with the help of our disability lawyer. Our disability lawyers will guide you through the process and ensure that you get the maximum compensation you deserve.
At Nanda & Associate Lawyers, our personal injury lawyers have helped numerous clients obtain maximum compensation in their disability benefits claims, allowing them to rebuild their lives after an accident, illness, or injury. Our ‘No Win, No Fee’ policy lets our clients focus on their recovery without worrying about the legal expenses. Our experienced disability lawyers will fight for your rights and help you secure the maximum compensation you are entitled to! Connect with our personal injury lawyers today.
Our Personal Injury law services
- Boating Accidents
- Bicycle Accident
- Car Accidents
- Catastrophic Injury
- Chronic Pain
- Cross-Border Injury
- Dog Bite Injury
- Fractures and Orthopaedic Injuries
- Liability in Personal Injury
- Long Term Disability Insurance
Claims - Medical Malpractice
- Motorcycle Accidents
- Nursing Home Negligence
- Occupiers’ Liability
- Pedestrian Accident
- Product Liability
- Slip & Fall Injuries
- Spinal Cord Injury
(Neck, Back, Whiplash & Spinal Cord Injuries) - Sports Injury
- Traumatic Brain Injury (TBI)
- Truck Accidents
- Wrongful Death
What are the common types of Arthritis leading to long-term disabilities?
Arthritis comes in different forms. Some of the common forms of Arthritis are:
Osteoarthritis:
This is the most commonly occurring arthritis, with the gradual wear and tear of the joint cartilage. Joint cartilage is the coating that covers the ends of your bones in a joint. The presence of cartilage is essential to reduce friction and facilitate the smooth movement of the bones in the joint. Deterioration of bones and muscle-bone tissues will soon follow. It commonly affects weight-bearing joints in the knees, hips, hands, and the vertebral column. Common symptoms are swelling, inflammation, pain, and limited range of motion in the joints.
Rheumatoid Arthritis:
Rheumatoid Arthritis occurs as a result of an autoimmune disease. Your body’s immune system starts attacking the lining of the joints, called the synovial membrane. This will result in the erosion of the bones within the joint, often leading to deformity. It commonly affects wrists, hands, knees, ankles, and the hips. The common symptoms are pain, swelling, and stiffness, especially in the morning or after a prolonged period of inactivity.
Gout:
Gouty arthritis is the result of uric acid crystals depositing in joints, causing swelling and loss of movement. It commonly affects the elbows, ankles, knees, and the great toe. It is known to be highly debilitating and painful.
Ankylosing Spondylitis:
Long-term inflammation of the joints in the spine, leading to some of the bones in the spine to fuse, is referred to as Ankylosing Spondylitis. It commonly affects the joints between the spine and pelvis. It can spread to the ribs, leading to difficulty in breathing. The body is attempting to repair the inflammation-induced damage, which is leading to the fusion of some bones in the spine. Symptoms include back pain, neck pain, stiffness in the back or the hips, and fatigue.
Others:
Lupus is an autoimmune disease that can also cause arthritis, along with its many other symptoms and effects. Bacterial infections can also affect the joints and damage the cartilage, resulting in infectious arthritis. To prevent permanent damage to the joints, it is crucial to diagnose and treat the infection promptly.
How can our disability lawyer help you?
At the end of the day, your eligibility for long-term disability benefits will depend on the terms and conditions mentioned in the policy document. Arthritis is a serious medical condition, covered by almost all insurance service providers. The question will be how much the severity of your condition affects your ability to work. Another reason often cited by insurance providers for rejection is the claim that your condition stems from a preexisting ailment. You will need to submit your medical reports and the letter of diagnosis from your doctor to prove your claim for long-term disability.
In some cases, you will have to get additional verification from an independent medical examiner to prove your claim. If your claim is genuine, then patience and persistent follow-up throughout the approval process will work out in your favour in the end. This is exactly where our disability lawyer can help you with the process. We will guide you in the disability benefits application process by collecting all the documentation on your behalf and submitting the application before the deadline. If rejected, we will advise you on the appeal as to whether to follow an internal process with the insurance provider or file a lawsuit in court.
We Can Help
Contact our disability lawyers for the speedy resolution of your arthritis disability claim. Schedule an appointment with our personal injury legal team for a consultation today.
Frequently Asked Questions
Is arthritis considered a long-term disability?
Arthritis is generally considered an employment disability, qualifying the policyholder for long-term disability benefits. However, you need to conclusively prove that the severity of your condition has affected your ability to perform the tasks associated with your current job during the initial period of two years. After this period, you will have to prove that your medical condition is hindering you from taking up any job in the market suitable to your qualifications and work experience.
What is the maximum duration of long-term disability benefits?
The duration of long-term disability benefits varies from policy to policy. Some policies provide the benefits coverage only for 2 years. While others provide them for longer periods, such as 10 years or till the retirement age of 65, or if the policy allows, even for the policyholder’s life. Check your insurance policy document to confirm how long you can avail of the long-term disability benefits in your case.
How much disability benefit amount will I get for arthritis?
This will depend on the terms and conditions of your insurance policy. Details such as the amount you are entitled to for different medical conditions, the coverage for various medical procedures, and the duration of the benefits will be mentioned in the policy document. For example, some insurance policies will provide 60% of your last drawn gross salary amount as the monthly benefits payment.
What are my options when the insurance provider denies my disability benefits claim?
If your case is genuine, you have multiple options to challenge this decision.
- Explore the internal appeals process with the insurance provider. The internal appeals process will be mentioned in the insurance policy document. Make sure you submit the appeal within the prescribed deadline after making the necessary corrections in your application.
- Approach regulatory bodies, such as the Ombudsman or the Financial Services Regulatory Authority of Ontario (FSRA).
- Legal action. With the help of our disability lawyer, take legal action against the insurance provider for the unfair rejection of your claim.
How shall I go about applying for long-term disability benefits in case of arthritis?
- Get a formal diagnosis of your condition from a qualified medical practitioner.
- Start documenting the tests you are undergoing and the effects of the condition you are experiencing in your professional and personal life.
- Make sure to follow the treatment and medication plan prescribed by your medical team. If you deviate from it, your lack of cooperation with the prescribed treatment might be cited as a reason for rejecting your claim.
- At all stages, communicate your situation with your employer and make sure that you keep proper records of all your communications.
- Correctly follow the application procedure mentioned in your insurance policy, and submit all the forms and supporting documents within the deadline.
- Follow up with the insurance provider and provide them with additional documentation or information whenever required.
- If everything is in order, your application will be processed within the timeframe mentioned in the policy document.
Can I apply for short-term disability benefits while waiting for approval on my long-term disability claim?
This will depend on the insurance provider and the terms and conditions of your policy. If this option is available under your policy, then you might apply for the short-term disability benefits while waiting for the approval of your application for long-term disability benefits. In most cases, the amount you have already received under short-term disability benefits will be deducted from the long-term disability amount, and you will receive the remainder when it is approved.
What are some of the common reasons insurance providers reject long-term disability benefits?
- Missing relevant documentation.
- Rejection of the claim after the 2-year period. After the 2-year period, you are expected to find any work that meets your qualifications and work experience.
- The insurance provider’s medical consultant does not concur with your doctor on your disability.
- Evidence obtained through surveillance points to your ability to perform many tasks you claimed you are no longer able to do.
- Rejects the claim of total disability. This means that the insurance firm believes that you are still able to perform the duties associated with your job despite experiencing many difficulties because of your condition.
