Markham & Toronto LTD Lawyers Representing Clients in Concussion Claims

Concussion disability claims are complex and difficult to prove. The very nature of the condition is that it is invisible and symptoms are variable and sometimes unusual. You may report having good days and bad days and no objective findings explain your symptoms. Insurance companies may use that to attack your credibility and suggest you are malingering or exaggerating.

Our clients with concussions need extra TLC.

At Mulqueen Disability Law, we know what evidence and what arguments are going to be most persuasive. We even know which negotiation strategies will be most effective with which insurance company. That’s powerful knowledge when it comes to proving concussion for long-term disability (LTD) benefits.

Why are LTD claims for concussion denied in Ontario?

We know how to use our clients’ medical evidence and the law to successfully argue our clients’ entitlement to their disability benefits. Disability claims for concussion may be denied for various reasons. We know how to dispute all of the following types of denials:

Insurance companies require substantial medical evidence to support disability claims. If there is not enough medical evidence to support the claim, the claim may be denied.

Unlike other medical conditions, concussions do not always show up on imaging tests or other objective tests. Insurance companies may require objective evidence of the concussion to approve a claim, such as cognitive or neuropsychological testing, which can be difficult to obtain.

If the claimant fails to follow the recommended treatment plan for their concussion, the insurance company may deny the claim.

If the claimant had a pre-existing condition that could have contributed to the concussion or its symptoms, the insurance company may deny the claim.

Some insurance policies have exclusions for certain types of injuries, such as head injuries or injuries sustained during certain activities, such as sports.

It is important to have an excellent understanding of the disability insurance policy and the specific requirements for the claim in order to increase the chances of a successful claim. Consulting with us can be helpful in navigating the claims process and appealing or litigating denied claims, particularly when you are struggling with the symptoms of concussion.

Proving long-term disability due to concussion is difficult to prove – but not impossible.

Proving disability for a concussion can be challenging. The symptoms and effects of a concussion are often not visible and can be subjective. However, there are several ways to document and prove the disability for a concussion:

It is essential to seek medical attention for a concussion and document all medical treatments received. Medical records can provide detailed information about the injury, the symptoms, and the recommended treatments.

This type of testing can assess cognitive function and provide evidence of cognitive deficits caused by a concussion.

Expert medical opinions can be helpful in proving disability for a concussion. These opinions can come from a treating physician or a qualified expert in the field of concussion diagnosis and treatment.

These evaluations can help assess the individual’s physical, cognitive, and emotional abilities and limitations, providing objective evidence of the disability.

Collecting documents such as workplace performance evaluations, work restrictions, and other medical records can help build a strong case for the disability.

If your LTD claim for concussion is denied or terminated, Mulqueen Disability Law can assist in determining whether to appeal the decision or if litigation will be necessary.

Accommodating, trauma-informed LTD legal services for concussion sufferers

The team at Mulqueen Disability Law knows the unique challenges of helping people who are struggling with prolonged symptoms of concussion and that often mental illness is also a factor, resulting from the brain injury or as a result of dealing with the injury and the stress of dealing with the insurance company.

We understand that you are not yourself and that you will need us to accommodate you to ensure that you are feel supported and informed and that your condition is not aggravated in the litigation process. We know that dealing with prolonged symptoms of concussion can be frustrating and overwhelming, to the point of causing depression and anxiety. We provide tailored accommodations to our clients as well as our trauma-informed services, to give you that extra TLC that we know you need.

Extra time, repetition, follow-up email reminders and “to do” lists, in-person meetings, telephone, video calls. Just let us know what we can do to accommodate you.

Mulqueen Disability Law advocates for concussion-based LTD claimants in Markham & Toronto

Mulqueen Disability Law has over 20 years of experience representing clients in complex long-term disability litigation, including claims based on concussion injuries. As previous counsel for major life and health insurance companies, Courtney Mulqueen‘s unique insight into the insurance industry empowers her to provide unparalleled representation to claimants with invisible disabilities that are challenging to prove, diagnose, and treat.

Based in Markham and Toronto, Mulqueen Disability Law advocates for disabled clients throughout Ontario. We also accommodate clients who cannot attend our offices in person by providing our services virtually upon request. To discuss your concussion-based LTD matter with a member of our team, please contact us online or by phone at 416-900-0368 (or toll-free at 833-363-3LAW [3529]).