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How To Fight The Denial of Disability Benefits?

A long-term disability keeps the disabled adult from carrying out his or her former job responsibilities. Chronic pain can do that as well. Lawyers see pain as a disability; insurance If

Is chronic pain a disability? Adults that are suffering from certain disorders feel disabled by their pain. Those are adults with conditions such as arthritis, fibromyalgia, sports injuries, an injury from a car accident, or a neurological or spinal disorder.

Insurance companies deny disability benefits to those that cannot prove that their pain comes from a known medical condition. In addition, insurers ask anyone applying for long term disability benefits to appear at a scheduled medical examination. Finally, the examined adult most show that he or she has tried any suggested treatment.

The role of the lawyer in the fight for disability benefits:

The Injury Lawyer in Waterloo can draw attention to the psychological and emotional effect of the pain-inducing condition. For instance, a lawyer can explain how a worker’s painful sensations cause that same employee to have a less-than-satisfactory job performance. Sometimes, too, the pain keeps the employee from getting a good night’s sleep; that, too, reduces the same worker’s level of performance.

Some lawyers might enhance their argument by offering details on the emotional impact of a disability. It can rob the disabled adult of the normal enjoyment of life, along with an interest in pursuit of leisure time pleasures. Someone with such an attitude can easily become depressed. A depressed worker would not function at the highest level.

Sources of disability benefits for a resident of Ontario:

Canada Pension Fund

Private long term disability plan

What actions could re-inforce the lawyer’s arguments?

If it could be shown that the affected worker had to modify his or her work habits, in order to deal with ongoing pain, then that fact could be used as evidence that the pain had become a disabling condition. For that reason, a disabled client should share details, regarding any time when the client/former employee provided help, in a way that was different from that provided by his or her usual job duties.

What actions could weaken, if not destroy the lawyer’s arguments?

If the affected adult were to post on a social media network, pictures that were taken when he or she was taking part in a particular activity, that might weaken that argument. That would certainly be the case, if the posted pictures showed the affected adult acting in a pain-free manner, while engaged in that particular activity.

The above example should be noted by anyone that plans to apply for benefits from an insurance company, one that sells policies to disabled adults. Do not post any pictures on social media networks, while fighting a denial of a request/application.

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