In order to avoid a lawsuit, an insurance company cannot discontinue a policy holder’s long-term disability benefits suddenly and for no reason. However, it can drop a hint that it has a reason, and it might then cut-off benefit payments at some point in the near future. Policy holders should know that a hint can take on a range of different forms.
It could come in the form of a note.
That note gets sent to the policy holder towards the end of a 2-year period, a time when the expected payments have always arrived on time. The note could state that the policy holder now falls short of fulfilling the requirements established for a continuation of coverage. Alternatively, the note might contain a request.
What would be the nature of that request? It could take the form of a suggestion. The past recipient of the benefit payments could be asked to take part in vocational testing or to participate in some form of vocational training. Such requests are meant to strengthen the claims made by the insurance company.
During the first 2 years, the benefit payments sent to eligible claimants go to those that cannot do their original job. After 2 years, the same payments get sent to a more restricted group. That group includes only those that are unable to carry out any job for which they are suited. Testing and training can change the position that a policy holder assumes, in relation to those 2 groups. Testing or training could expose the policy holder’s ability to handle a given job, what that is decidedly different from a former job.
Other forms that a hint might take:
The person that has been receiving the LTD payments gets asked for more medical documents. The insurance company hopes to find a basis for its action in such documents. The recipient of the payments gets asked to meet with a representative of the insurance company, along with his or her employer.
A rehabilitation company writes a letter saying that the patient receiving its services has recovered, and is ready to return to work. Injury Lawyer in Mississauga knows that the adjuster for the insurance company might drop a hint in the course of conversation. Still, do not expect any adjuster to come out and say that your benefits will be discontinued. That is not the adjuster’s job.
How to respond to any of the above-listed hints
Set aside time during which you can at least speak with a lawyer. Consider scheduling a consultation. If you are sure that your payments will get cut-off, plan on searching for a reputable lawyer. When you have found that lawyer, make arrangements to hire him or her.
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