Getting Help for Disability Claims
If you’ve been denied disability benefits in Ontario, you’re not alone, and you’re not out of options. Many people face an initial denial, but with the right steps and support, you can still get the benefits you deserve. This article will walk you through practical steps to take after a denial, with a focus on understanding your rights and getting help from experienced disability lawyers.
Step 1: Review the Denial Letter Carefully
Your first step is to read the denial letter in full. This letter will explain why your claim was denied. Common reasons include:
- Lack of medical evidence.
- Missing paperwork or deadlines.
- The insurer believes you're able to work.
- Incorrect information in your application.
Understanding the reason for denial helps you (and your lawyer) respond effectively.
Step 2: Collect Strong Supporting Documents
Gather all the medical records and documents related to your condition, including:
- Doctor’s reports and test results.
- Prescription history.
- Letters from specialists or therapists.
- Workplace accommodations or evaluations.
The more thorough your documentation, the stronger your appeal will be.
Step 3: Know Your Deadlines
Each disability program has strict deadlines:
- ODSP. You have 30 days to request an internal review, and 30 days after that to file an appeal to the Social Benefits Tribunal.
- Private insurers. Check your policy or denial letter—some allow only 60 to 90 days to appeal.
Tip: Mark deadlines on a calendar and set reminders to avoid missing key dates.
Step 4: Start the Appeal Process
Depending on your case, you may need to do the following:
- Request an internal review (for ODSP).
- File a written appeal to the insurance company.
- Submit new medical evidence.
- Take your case to court with a lawyer's help.
Step 5: Get a Disability Lawyer
A qualified disability lawyer can greatly increase your chances of success. Most offer free consultations and only charge if they win your case (contingency fee basis).
Top Disability Law Firms in Ontario
Share Lawyers
With over 35 years of experience, Share Lawyers focuses exclusively on disability law. They offer free consultations and do not charge unless your case is successful. They are known for compassionate service and strong results.
Diamond & Diamond Lawyers
This national firm has a strong team dedicated to long-term disability claims. They offer full legal support, from documentation to litigation and have offices across Ontario.
Kotak Personal Injury Law
Kotak Law specializes in disability and insurance disputes. They are especially skilled at handling complex claims involving mental health, chronic pain and invisible illnesses.
MKP Law
MKP offers personalized support and a track record of helping clients win long-term disability claims. They’re known for attentive service and clear communication throughout the process.
Himelfarb Proszanski
This Ontario-based firm handles a variety of disability and injury claims. They offer free case evaluations and work on a contingency fee model.
Extra Tips to Improve Your Chances
- Be honest. Don’t exaggerate your symptoms, but don’t minimize them either.
- Keep a daily journal. Note your symptoms, limitations and doctor visits. This can help prove how your condition affects your life.
- Stay organized. Create a folder (digital or paper) to keep all records and correspondence.
- Follow medical advice. If you don’t attend treatments or follow doctor’s orders, insurers may use this against you.
When to Seek Help
Consult a lawyer right away if:
- You’re unsure how to appeal.
- Your insurer is pressuring you to return to work.
- Your benefits were cut off suddenly.
- Your mental health condition is being dismissed.
Final Notes
Being denied disability benefits can feel like a setback, but it’s not the end of the road. Getting help with disability claims doesn't have to be overly stressful. With proper documentation, timely action and the help of an experienced disability lawyer, you can fight back and get the support you need. Consider contacting firms like Share Lawyers, Diamond & Diamond or one of the other trusted law firms listed above for a free consultation and legal guidance.
Note: This article is for informational purposes only and does not constitute legal advice. Always consult with a licensed lawyer about your specific situation.