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Long-Haul COVID Claim Lawyers
What is long COVID?
Long COVID (also known as long-haul COVID or post-COVID-19 syndrome) is a post-infection chronic disease syndrome, similar to fibromyalgia, and other chronic conditions. Initial studies show that approximately 10% – 30% of COVID-19 patients will continue to suffer symptoms for months.
Even though the science around COVID-19 is continually evolving, many assume that COVID-19 symptoms are only temporary, but that’s not always the case. There is now growing medical evidence of long-term after-effects still suffered by people called long-haulers.
Long COVID symptoms
According to the Mayo Clinic, long COVID’s symptoms may include:
- fatigue;
- shortness of breath;
- cough;
- joint pain;
- chest pain;
- memory and concentration problems;
- sleep issues;
- muscle pain;
- headache;
- rapid heartbeat;
- loss of smell and taste;
- depression;
- anxiety;
- fever and flu symptoms; and,
- dizziness and worsening symptoms after physical and mental activity.
In addition, the British Medical Journal adds that long COVID’s symptoms may include:
- neurocognitive difficulties;
- gastrointestinal upset;
- rashes;
- metabolic disruption (such as poor control of diabetes);
- thromboembolic conditions; and,
- other mental health conditions.
The long COVID numbers are staggering
To date, approximately 1.4 million Canadians have tested positive for COVID-19, which means, if researchers are correct, there may be upwards of 140,000 long-haulers still suffering from the disease in Canada. That number could be much higher since it only includes Canadians who tested positive for the coronavirus; many others may have caught a mild case of COVID-19 but were not tested.
While many people may have seemingly recovered, they could still be suffering from long-term effects, and because long COVID symptoms are so poorly defined, they may not realize that they are long-haulers.
Has your long-term disability claim for long COVID been denied?
Most Canadians who have been dealing with health issues caused by the coronavirus disease have been able to rely on emergency government funding. But what happens when government benefits such as employment insurance (EI) run out? Most long-term disability (LTD) insurance policies have a four- to six-month waiting period before you can even apply, however, most of these claims are being denied.
Hurdles you may face
No test results
Insurance companies expect claimants to document the history of their claims, which is one of the problems with the coronavirus disease: an insurer will ask for a positive COVID-19 test, but not everyone who caught the virus got one.
No paper trail
Insurers can also ask that you establish your case using a paper trail with your family physician. But many family physicians haven’t seen patients since before the onset of the COVID-19 pandemic. While you may have long COVID, it may be difficult to prove that without a good paper trail, and the insurance company will use that against you.
No clinical definition
Another hurdle is a lack of a clinical definition for long COVID. The underlying problem is that many long COVID symptoms do not show up on diagnostic testing. While there are people who are suffering and struggling to get through the day, insufficient medical evidence will be the excuse insurers offer. There are no chemical markers or specific tests to measure long COVID, and insurers can and will lean on that lack of objective evidence.
What Can You Do?
As a long-term solution, a clinical definition of long COVID must be developed and communicated to family physicians and the wider medical community so that they can start diagnosing long COVID. For now, it is essential to reach out to an experienced disability lawyer for help. At Gluckstein Lawyers, we are very experienced at representing people with disability claims and skilled at managing chronic pain and invisible disabilities cases.
Gluckstein Lawyers will fight for your rights
Many long-haulers who have been trying to get benefits for several months are seeking legal advice because their insurance companies refuse to look at their claims. This is growing into a massive battleground as more Canadians fight for their rights.
The COVID-19 pandemic has been a windfall for insurance companies: there have been fewer car accidents, slip-and-falls, and other catastrophic injuries. Even physiotherapy or chiropractic offices have been closed for long period of time, meaning that even if you had an insurance claim, you could not spend your insurance money.
Now, insurance companies need to fill their obligation to society.
You buy insurance to save yourself from exactly the type of stress brought on by long COVID. You have been paying into your policy religiously so that you get the peace of mind knowing that your family is not going to be financially ruined should the worst happens.
Insurance companies have a responsibility to the long-haulers they insure.
Contact us today for a free consultation.
Related Expertise.
Long-Haul COVID Claims FAQs.
- What is Surveillance in Long-Term Disability Insurance?
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Surveillance in the context of Long-Term Disability (LTD) insurance refers to the practice where insurance companies may conduct covert monitoring and observation of claimants to investigate the validity of their disability claims. This surveillance is typically carried out by professional investigators who gather visual evidence, such as photographs or videos, to assess the claimant's activities and functional limitations. Here are key points to understand about surveillance in LTD insurance:
- Purpose: The primary purpose of surveillance is to verify the extent of a claimant's disability and ensure that the reported limitations align with their actual activities. Insurance companies use surveillance as a tool to prevent fraud, confirm the accuracy of claims, and protect the integrity of the LTD system.
- Activities Monitored: Surveillance may involve monitoring various aspects of a claimant's daily life, including physical movements, interactions with others, engagement in recreational activities, and participation in events that could indicate the level of disability.
- Covert Nature: Surveillance is typically conducted covertly, meaning that the claimant is not aware that they are being monitored. This approach aims to capture the claimant's behavior and activities in their natural state without influencing their actions.
- Legal Compliance: Surveillance activities must comply with legal regulations and privacy laws to ensure that the rights of the claimant are respected. Investigators must adhere to ethical standards and obtain evidence lawfully.
- Impact on Claims: The results of surveillance can influence the outcome of an LTD claim. If the surveillance footage contradicts the claimant's reported limitations or suggests misrepresentation of disability, the insurance company may use this information to deny or terminate benefits.
- Frequency: Surveillance is not conducted continuously for all claimants but is often employed selectively based on specific factors, red flags, or suspicions raised during the claims process.
- Balancing Privacy and Investigation: While surveillance is a legitimate tool for insurance companies to verify claims, it raises concerns about privacy invasion and the potential misinterpretation of normal activities as evidence of fraud. Claimants have the right to challenge surveillance findings if they believe their disability status has been misrepresented.
Understanding the role of surveillance in LTD insurance can help claimants navigate the claims process effectively, ensure transparency in their interactions with the insurance company, and seek legal advice if they have concerns about the handling of surveillance activities in relation to their disability claim.
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- Purpose: The primary purpose of surveillance is to verify the extent of a claimant's disability and ensure that the reported limitations align with their actual activities. Insurance companies use surveillance as a tool to prevent fraud, confirm the accuracy of claims, and protect the integrity of the LTD system.
- How Much Money Can I Get From My Long-Term Disability Benefits?
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The amount of money you can receive from Long-Term Disability (LTD) benefits in Ontario is influenced by various factors, including the terms of your specific LTD policy, your pre-disability earnings, and the duration of your disability. Here are key points to consider regarding LTD benefits in Ontario:
- Percentage of Pre-Disability Earnings: LTD policies typically provide a percentage of your pre-disability earnings as benefits. This percentage can vary but commonly ranges from 50% to 70% of your pre-disability income.
- Maximum Benefit Amount: Most LTD policies have a maximum monthly benefit amount, which caps the total benefits you can receive each month. This maximum amount is determined by the terms of your policy.
- Duration of Benefits: The duration for which you can receive LTD benefits varies and is specified in your policy. Some policies provide benefits until retirement age, while others have a limited benefit period (e.g., two years, five years).
- Integration with Other Benefits: LTD benefits may be integrated with other disability benefits you receive, such as Canada Pension Plan Disability (CPP-D) benefits or workplace pensions. The total amount you receive from all sources may be subject to offsets or reductions.
- Tax Considerations: LTD benefits in Ontario are generally considered taxable income. However, if you paid the premiums for the LTD policy with after-tax dollars, a portion of the benefits may be tax-free.
- Cost-of-Living Adjustments: Some LTD policies include cost-of-living adjustments to account for inflation, ensuring that the purchasing power of your benefits is maintained over time.
- Return-to-Work Provisions: Many LTD policies include provisions for partial disability benefits if you can return to work on a part-time basis or in a reduced capacity. These provisions may affect the amount of benefits you receive.
To determine the specific amount of money you can receive from LTD benefits in Ontario, it is essential to review your LTD policy documents, understand the terms and conditions of the policy, and consult with the insurance provider or a legal expert specializing in disability insurance claims. They can provide detailed information on benefit calculations, limitations, and any additional factors affecting the amount of LTD benefits you are eligible to receive.
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- Percentage of Pre-Disability Earnings: LTD policies typically provide a percentage of your pre-disability earnings as benefits. This percentage can vary but commonly ranges from 50% to 70% of your pre-disability income.
- What Medical Conditions Qualify for Long-Term Disability?
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Long-Term Disability (LTD) insurance typically covers a wide range of medical conditions that significantly impact an individual's ability to work and perform daily activities. While the specific criteria for qualifying for LTD benefits may vary depending on the policy and insurance provider, here are common medical conditions that often qualify for Long-Term Disability coverage:
- Musculoskeletal Disorders: Conditions affecting the muscles, bones, joints, and connective tissues, such as chronic back pain, arthritis, osteoporosis, and fibromyalgia.
- Mental Health Disorders: Including depression, anxiety disorders, bipolar disorder, post-traumatic stress disorder (PTSD), schizophrenia, and other psychiatric conditions that impair daily functioning.
- Neurological Disorders: Such as multiple sclerosis (MS), Parkinson's disease, epilepsy, Alzheimer's disease, and other conditions affecting the brain and nervous system.
- Cardiovascular Disorders: Including heart disease, congestive heart failure, arrhythmias, and other cardiovascular conditions that impact physical functioning.
- Cancer: Various forms of cancer, including leukemia, lymphoma, breast cancer, lung cancer, and other malignancies that require extensive treatment and cause disability.
- Autoimmune Disorders: Such as lupus, rheumatoid arthritis, Crohn's disease, ulcerative colitis, and other autoimmune conditions that result in chronic symptoms and limitations.
- Chronic Pain Syndromes: Conditions leading to persistent pain and discomfort, such as migraines, complex regional pain syndrome (CRPS), and neuropathic pain disorders.
- Respiratory Disorders: Including asthma, chronic obstructive pulmonary disease (COPD), emphysema, and other lung conditions that impact breathing and physical exertion.
- Endocrine Disorders: Such as diabetes, thyroid disorders, adrenal insufficiency, and hormonal imbalances that affect overall health and functioning.
- Degenerative Diseases: Conditions like osteoarthritis, degenerative disc disease, muscular dystrophy, and other progressive diseases that result in physical decline over time.
It's important to note that each LTD policy may have specific definitions, limitations, and exclusions regarding covered medical conditions. To determine if your medical condition qualifies for Long-Term Disability benefits, consult your policy documents, speak with your insurance provider, and consider seeking guidance from a healthcare provider or legal expert specializing in disability insurance claims.
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- Musculoskeletal Disorders: Conditions affecting the muscles, bones, joints, and connective tissues, such as chronic back pain, arthritis, osteoporosis, and fibromyalgia.
- Can You Dispute Your Denied Disability Claim?
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Yes, you can dispute a denied Long-Term Disability (LTD) claim if you believe that the denial is unjustified or incorrect. Disputing a denied LTD claim involves challenging the decision made by the insurance company and presenting additional evidence or arguments to support your claim for disability benefits. Here are steps to effectively dispute a denied LTD disability claim:
- Understand the Reasons for Denial: Review the denial letter from the insurance company to understand the specific reasons for the denial. This will help you address the issues raised in your dispute.
- Gather Additional Evidence: Collect any new medical records, test results, physician statements, or other relevant documentation that strengthen your case for disability benefits. Ensure that this evidence directly addresses the reasons cited for the denial.
- Consult with Legal Counsel: Consider seeking advice from a lawyer specializing in disability insurance law. A legal expert can assess your case, provide guidance on disputing the denial, and represent you in negotiations with the insurance company if needed.
- Prepare a Detailed Dispute Letter: Craft a comprehensive dispute letter outlining the reasons why you believe the denial is incorrect. Clearly present the additional evidence, explanations, and arguments supporting your claim for disability benefits.
- Submit the Dispute: Send your dispute letter and supporting documentation to the insurance company within the specified timeframe outlined in your policy. Use a method that provides proof of delivery to ensure your dispute is received.
- Engage in Dialogue: Stay in communication with the insurance company throughout the dispute process. Be prepared to provide further clarification, answer questions, or provide additional information as requested.
- Consider Alternative Resolution: If direct negotiation with the insurance company does not lead to a resolution, explore alternative dispute resolution methods, such as mediation, to seek a mutually acceptable outcome.
- Legal Action: If all attempts to dispute the denial prove unsuccessful, you may consider taking legal action against the insurance company by filing a lawsuit. Your legal counsel can guide you through the litigation process and represent your interests in court.
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- Understand the Reasons for Denial: Review the denial letter from the insurance company to understand the specific reasons for the denial. This will help you address the issues raised in your dispute.
- How Do I Appeal Long-Term Disability Denial?
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When faced with a denial of your Long-Term Disability (LTD) claim, appealing the decision is a crucial step to seek reconsideration and potentially secure the benefits you are entitled to. Here are the steps to effectively appeal a Long-Term Disability denial:
- Review the Denial Letter: Carefully review the denial letter from the insurance company to understand the reasons for the denial, the policy provisions cited, and any additional information or documentation required for the appeal.
- Gather Supporting Documentation: Collect all relevant medical records, test results, physician reports, and any other evidence supporting your disability claim. Ensure that this documentation addresses the reasons for denial outlined in the letter.
- Understand the Appeals Process: Familiarize yourself with the specific appeals process outlined in your LTD policy. Note any deadlines for submitting an appeal and follow the prescribed procedures to ensure your appeal is considered.
- Draft a Comprehensive Appeal Letter: Prepare a detailed appeal letter addressing each reason for denial, providing additional evidence, explanations, and arguments supporting your claim for disability benefits. Be clear, concise, and organized in presenting your case.
- Seek Legal Advice: Consider consulting with a lawyer experienced in disability insurance law to guide you through the appeals process, review your appeal letter, and provide legal representation if needed.
- Submit the Appeal: Send your appeal letter and supporting documentation to the insurance company within the specified timeframe. Use certified mail or another method that provides proof of delivery to ensure your appeal is received.
- Follow Up and Maintain Communication: Keep track of your appeal timeline, follow up with the insurance company to confirm receipt of your appeal, and maintain open communication throughout the appeals process.
- Consider Alternative Dispute Resolution: If the appeal is unsuccessful, explore alternative dispute resolution options, such as mediation or arbitration, to resolve the dispute outside of litigation.
- Legal Action: If all appeals are exhausted and your claim remains denied, you may consider pursuing legal action against the insurance company through a lawsuit with the assistance of legal counsel.
By following these steps and seeking professional advice where necessary, you can navigate the appeal process effectively and increase your chances of overturning a Long-Term Disability denial.
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- Review the Denial Letter: Carefully review the denial letter from the insurance company to understand the reasons for the denial, the policy provisions cited, and any additional information or documentation required for the appeal.
- What is Disability?
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Disability is a broad term that encompasses physical, cognitive, sensory, or mental impairments that may limit an individual's ability to engage in certain activities or perform tasks compared to the general population. Disabilities can be temporary, permanent, or episodic, and they vary in severity and impact on daily functioning.
Disabilities can result from various factors, including congenital conditions, illnesses, injuries, accidents, or age-related changes. The effects of a disability can manifest in limitations related to mobility, communication, cognition, sensory perception, or self-care, affecting an individual's independence and quality of life.
In the context of insurance, such as Long-Term Disability (LTD) coverage, disabilities are typically assessed based on their impact on an individual's ability to work and earn income. Insurance policies define disability criteria to determine eligibility for benefits, considering factors such as medical evidence, functional limitations, and the individual's capacity to engage in gainful employment.
Understanding the nature of disabilities, their diverse manifestations, and the challenges they pose to individuals is crucial for creating inclusive environments, providing appropriate support and accommodations, and promoting equal opportunities for individuals with disabilities in various aspects of life.
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Long-Haul COVID Claims Legal Team.
Blog & News.
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Can Surveillance Be Used to Disprove LTD Claims?
Dealing with an insurance company after filing a long-term disability (LTD) claim can be frustrating and stressful, especially if your benefits are denied or terminated. It can be even more challengin...Read Full Story
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