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ARTICLES BY OUR HAMILTON PERSONAL INJURY LAWYERS

How Much Does a Disability Lawyer Cost?

By Steph Walsh in Long-Term Disability on June 19, 2024

How Much Does a Disability Lawyer Cost?

Did you know that many disability claimants do not hire a lawyer after their benefits are denied because they are nervous about how much a lawyer will cost?

We’ve seen it time and time again. Your adjuster calls you or sends a letter stating that your benefits will likely be terminated at the two-year mark. They’ve deemed you capable of returning to work, claiming that your condition has improved and that you no longer need financial assistance. This decision is often based on the opinion of a ‘medical assessor,’ who typically only reviews documents in your file without thoroughly examining your current health condition or considering the complexity of your situation.

This process can be frustrating and disheartening, especially when you know you’re not ready to return to work. Your adjuster may overlook the daily struggles you face and the ongoing treatments you require. Even worse – they might not consider the opinions of your own healthcare providers, who are more familiar with your case.

Understanding that these assessments can sometimes be biased toward the insurance company’s interests, aiming to minimize their financial obligations rather than focusing on your well-being is crucial. You may feel pressured to accept their denial but remember; you can have legal rights.

Engaging a disability lawyer can be a crucial step in navigating the complexities of your case. Our experienced legal team is dedicated to assisting clients in gathering the necessary medical evidence, advocating for their needs, and ensuring their rights are protected throughout the process. By working with us, you can effectively contest the insurer’s decision and continue receiving the benefits you are entitled to, allowing you to focus on your health and recovery without the added stress of financial uncertainty. Our commitment to professionalism and expertise in disability law ensures that you receive the highest quality representation and support during this challenging time.

First of all – is Talking with your Hamilton Disability Lawyers Free?

Yes, consultations with our disability lawyers are entirely free. When you contact us, we will be pleased to arrange a meeting—either in person or via video call—to discuss your case, review your rights, explore your options, and recommend the next steps. This initial consultation is free, and you are under no obligation afterward.

What to do Before Meeting With our Hamilton Disability Lawyers

Try and Get a Copy of your Disability Policy

With the consultation scheduled, the first step is to ensure you have your disability policy available so you can discuss it with our disability lawyers in detail. Please make sure to have all the relevant information ready, including where you worked, how long you have been off on disability, a summary of your medical condition, whether your disability policy is a group or individual policy and a copy of the denial letter sent by your disability insurance company.

If you have purchased an individual insurance policy, make sure to obtain a copy from your broker. For those enrolled in a group health plan, contact your benefits administrator at work for assistance. It’s crucial to secure this documentation promptly, as you cannot depend on your disability insurance company to locate or provide your policy.

Gather All Relevant Documentation

Collect all pertinent medical records, diagnosis reports, treatment histories, and any communications with insurance companies. This includes employment records, pay stubs, and previous claims or denials. Bringing comprehensive documentation to your long-term disability lawyer in Hamilton will provide a clear understanding of your situation and help build a strong case.

Prepare a Detailed Timeline

Create a detailed timeline of your disability, noting the onset of symptoms, diagnosis dates, and significant medical treatments. Include key events related to your claim, such as denials or appeal submissions. A clear timeline will help your Hamilton-based long-term disability lawyer grasp the progression of your condition and the context of your claim.

Make sure to Have a Copy of your Denial Letter

Make sure to bring a copy of your denial letter that was sent to you by your insurer. Oftentimes, it will list reasons for your denial. Even if you don’t agree with the reasons, it’s important that we review the denial letter with you.

List Your Questions and Concerns

Write down any questions you have about the legal process, your rights, or the specifics of your case. Consider including concerns about timelines, potential outcomes, and what to expect moving forward. This ensures that your meeting with your long-term disability lawyer in Hamilton covers all aspects important to you and clarifies any uncertainties.

Document Your Daily Limitations

Keep a diary or log of how your disability affects your daily activities and ability to work. Detail physical, mental, and emotional limitations and any accommodations you need. This record provides concrete evidence of your disability’s impact, which is critical for your long-term disability lawyer in Hamilton to advocate on your behalf effectively.

Make a List of your Treatment Providers

If possible, list all your treatment providers, including your family doctors, specialists, hospitals, clinics, walk-in clinics, rehabilitation providers, psychologists, psychiatrists, imaging clinics, labs and all pharmacies you have visited over the last 10 years.

Bring your Resume

Many workers do not have up-to-date resumes, but if you have one, bring it into your meeting. Remember your work history is important when determining total disability under the “any occupation” provision.

Prepare for Open Communication

Be ready to discuss your case openly and honestly with your lawyer, including sensitive or potentially embarrassing details. Full transparency is essential for your long-term disability lawyer in Hamilton to effectively advocate for you. Being open ensures that no crucial details are overlooked, which is vital for building a strong case.

How Much Does a Disability Lawyer Cost?

Our disability lawyers work on contingency, meaning that we don’t charge you anything upfront and will not send you a bill until the case is settled or a verdict is reached in court. If we cannot reach a settlement or we lose your case, you won’t pay any legal fees.

If we do win, your disability lawyer will charge you a percentage of the settlement you receive. This is also known as a “no-win, no-fee” retainer agreement.  We’ll explain all the terms in full and provide everything in writing so you always know what costs to expect; there are never any hidden fees. We pride ourselves on our transparency, always maintaining clear and efficient communication throughout the process.

Working on contingency provides many benefits to our clients, particularly ones worried about the cost of hiring a disability lawyer. Not only is the consultation free, but you don’t pay anything upfront for any of our services. This gives everyone who needs it access to legal help and professional representation.

It also means that our disability lawyers are highly incentivized to work hard on your case and do everything possible to win – as that’s the only way they get paid. You won’t have to worry that your disability lawyer may be skipping steps or dragging out the process to bill more hours.

Lastly, it means that if we’re not successful in securing a lump sum or having your benefits reinstated, you’ll owe us nothing and never be left with large, unexpected legal fees or other costs.

What if my Long-Term Disability Benefits are Reinstated?

What is reinstatement? In the context of Canadian disability law, having long-term disability benefits reinstated sometimes occurs after a claimant who has experienced a wrongful denial or termination of their benefits engages a disability lawyer to challenge the insurer’s decision.

When a disability lawyer initiates legal action against the insurer, alleging wrongful denial or termination of benefits, it places significant pressure on the insurer to reassess their stance. Faced with the potential risks and costs associated with litigation, insurers may opt to either settle the case or reinstate the claimant’s benefits to avoid further legal complications.

Reinstatement in this scenario involves the resumption of monthly disability payments and providing the claimant with payment of arrears – meaning disability benefits from the date of termination to the date of settlement.

If we successfully reinstate your benefits rather than reaching a settlement, the disability insurer will typically contribute full or partial payment of our legal fees as part of the litigation’s release. Then, we will more likely than not charge clients a contingency fee based on the arrears paid.

Our Hamilton Disability Lawyers can Explain your Legal Rights for Free

If you’ve been denied disability, it’s important that you work with an experienced disability lawyer to advance your case through the claims process effectively. A disability specialist will provide you with the best chance to obtain full reinstatement or settle your disability benefits.

The first step is always a free consultation with our legal team, where we will inform you of your legal rights, the options you may choose from, or the course of action we believe is necessary to recover your benefits.  Call us today – nationwide at 1-844-DISABILITY or contact us confidentially through our website and our intake specialist will get back to you to set up your free consultation.

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