Denied? Cut off? Get the disability benefits you deserve.
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Why You Need a Disability LawyerTrying to handle a disability claim on your own is difficult. Insurance companies are experienced at denying claims. You may find numerous roadblocks and denials. Insurance companies routinely deny claims when people do not have a reputable lawyer. They do this in the hope that people simply walk away without the disability benefits that they rightly deserve. Never allow the insurance company to get the upper hand. You need to have the expertise and tested experience that only a highly experienced disability lawyer can bring to your situation. Himelfarb Proszanski analyzes your case quickly obtaining the appropriate medical documentation required and issues legal proceedings to get your case settled.
What Your Disability Lawyer Will DoThe immediate goal is to remove the stress you and your family are experiencing due to a denial by the insurance company. Whether you are suffering from a long-term disability or from a partial disability, we specialize in cases involving Short Term Disability (STD) and Long Term Disability (LTD) Insurance Policies and Canada Pension Plan (CPP) Disability Claims. Himelfarb Proszanski also has an employment law group that ensures your employment rights are protected with your employer. No other personal injury law firm can provide this added service. That’s part of the HimPro Advantage™.
How it Works and How We Work with You
People are often rejected by disability insurance companies. They are then given an opportunity to appeal the denial. This is a strategy that the insurance company employs to further delay the payment of benefits. Some appeals go on for years only to come to the conclusion that the insurance company is not prepared to pay benefits. It is our experience that most appeals are meaningless. It is imperative that once you are denied you must see a Disability Lawyer to review your denial and the reasons behind it. Your Disability Lawyer knows how to overwhelm insurance companies and reverse their denial.
Insurance companies will not take you seriously until you retain a reputable disability lawyer with a proven track record of success – like Himelfarb Proszanski with a 97.5% success rate with disability claims. That’s the HimPro Advantage™.
We have numerous experts we employ to provide opinions enhancing your case against the insurance companies. Our experience is that we settle cases shortly after filing the lawsuit. Insurance companies simply do not want to fight us. In most cases, we are able to settle the disability claim before examination for discovery and sometimes within a month of the denial.
We also adopt strategies to ensure our clients do not lose their homes or get evicted from their apartments by advancing motions before a judge to ensure the continuation of the payment of disability benefits pending the trial. This is called an injunction and we have a long success record in securing benefits for clients while awaiting trial despite the insurance company’s denial of claim.
Group disability policies often have two tests for disability. The first test is referred to as your “own occupation test”. This means determining if you can work at the same job for the same employer and is based on your ability to do the same work for a consecutive period of two years. After the two year period the test changes to “any occupation test” and determines if you are disabled from working at any job for which you are reasonably suited by virtue of your education, training and experience. We understand the law in relation to both tests. Our experience shows that many people are cut off disability benefits at the end of the “own occupation” period. We have numerous strategies we employ to ensure that our clients get disability benefits into the “any occupation” period.
Many disability policies require claimants to apply for Canada Pension Plan (CPP) disability benefits. Most disability plans deduct from the disability benefit any amount you are entitled to receive from Canada Pension Plan (CPP) Disability. We are experienced in helping our clients apply for and secure Canada Pension Plan (CPP) disability benefits, as well as CPP disability appeals. We are also well versed and experienced in the new appeals process at the Social Benefits Tribunal.
Here’s What Our Clients Say
Often the public perceives lawyers in a negative way; but I can honestly say that David Himelfarb has the utmost ethical standards of any lawyer that I have dealt with. He took the time to explain the particulars of my case, was always available to take my calls, always returned my calls and his team of Clerks and Assistants were equally as professional and courteous. Should I ever need legal representation, I can assure you that I will retain his firm.
My no fault benefit claim was handled by the firm and was settled quickly and for a very good amount. The firm is extremely professional and dedicated. I would highly recommend the firm to anyone who has been involved in a serious accident.
Victoria A. - Toronto, ON
I would like to extend a sincere thank you for your assistance regarding the legal issues and my claim for disability benefits. Your knowledge and expertise led to a quick resolution and a successful outcome. From the onset, you were honest with me about my case and yet always kept me in the loop as to what was going on. I appreciated your “up front” approach from our first meeting.
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