Filing a disability claim after experiencing a heart attack or stroke can be met by twists and turns. Some challenges could be physically and mentally tiring, especially when dealing with the justice system. Canadian labour laws and disability statutes provide for the benefits you should receive.
Bringing a disability claim under the Canada Pension Plan or through a private insurance provider have numerous challenges. Firstly, the claim process requires indepth medical and legal knowledge. Your claims could be denied not because you are not disabled but because your application does not meet the legal standards the CPP or insurance companies require.
The Challenge of Proving Long-Term Disability
You have to prove that your condition is not only serious but also chronic. Medical reports have to demonstrate the severity of your disability and how it hinders your ability to work. For instance, the CPP will often demand proof that all other treatments have been availed and that a disability is still present.
How a Labour Lawyer Can Assist You
A labour lawyer in Canada can help with the following when filing a disability claim related to heart disease or stroke:
Thorough Case Evaluation
Your labour lawyer can evaluate your case by reviewing your medical records, assessing your employment history, and examining any communications with insurance companies or government agencies.
Such assessment enables the lawyer to see the gaps in your claim and develop strategies that are in line with the Disability Benefits program and other legal statutes.
Comprehensive Documentation
Your labour lawyer should gather the necessary medical evidence to support your case, including:
- Receiving reports from your healthcare providers that contain specific information
- Coordinating independent medical examinations
- Making sure all the medical records for the CPP requirements are provided
The Canada Pension Plan Act has provisions that mean that your application should be accompanied by sufficient medical evidence showing the extent and permanency of your disability.
Effective Communication with Insurers
Dealing with insurance companies when filing a disability claim is frustrating because insurance adjusters focus on minimizing payouts.
Your labour lawyer in Toronto should handle all communications with the insurer. The lawyer should ensure that your claim is clear and persuasive.
They can also dispute any effort the insurance company will make to delay or even cut your benefits.
The Insurance Act in Canada regulates the insurance business. However, it does not necessarily shield the claimants from oppressive conduct. A labour lawyer knows the legal requirements that govern insurance activities in Canada and can assist in any disagreement during the claims process.
Appeals and Legal Representation
If you have been denied a disability claim, you can appeal under the Canada Pension Plan Act. Note that the appeals process may have been time-consuming.
An attorney specializing in labour law can assist in filing an appeals tribunal and presenting the case. They will ensure that all facts are presented properly and all arguments are well grounded. In return, this enhances the likelihood of a successful appeal.
If your case needs to proceed to the next level, such as a judicial review, your lawyer will defend your interests under Canadian law.
That is why the lengthy process of disability claims should not deter you from seeking the benefits you are legally entitled to. Speak to a labour lawyer today for the assistance and advocacy you will require to go through this process.
Featured Image Source: https://www.istockphoto.com/photo/portrait-of-a-doctor-holding-a-heart-in-his-hands-gm1465572741-497935853?utm_campaign=srp_photos_top&utm_content=https%3A%2F%2Funsplash.com%2Fs%2Fphotos%2Fcardiovascular-disease&utm_medium=affiliate&utm_source=unsplash&utm_term=cardiovascular+disease%3A%3Areduced-affiliates%3Ahalf
