A successful disability claim must include a chronological narrative of your medical history, treatments and diagnoses.
That type of medical evidence can only be gathered through regular and ongoing medical care and careful tracking of any reports given by experts along the way. These records can provide a glimpse into the daily challenges and adjustments you face due to your disability.
Consistency is critical to your case. If your medical records reflect your symptoms, you have a much higher chance of obtaining compensation.
The team of Ontario long term disability lawyers at Gluckstein Lawyers can help you build this body of evidence, making it easier for insurance adjusters to review and understand your case. This evidence will solidly reinforce your claims about the legitimacy and severity of your disability while increasing the chances of you receiving the support and benefits you deserve.
It Starts With Your Family Doctor.
A family doctor can play a significant role in proving your personal injury claim. Their knowledge about your physical and mental status is vital. You need to have them on your side. After you suffer an injury or start to show signs of a disability, make a visit to your family MD a priority. That will allow them to assess your condition and recommend a course of treatment.
That assessment may include laboratory tests, blood work, biopsies or an electrocardiogram. Keep a record of the test results. The records your physician compiles document your physical status. If your ability to perform routine activities has been compromised by an injury on the onset of a disability, that is valuable information to present in a personal injury claim.
A family doctor can provide a complete picture of your health, not just information based on your current status. Always be honest with your doctor when describing how your current medical condition is impacting your daily activities and ability to work.
Exaggerating the extent of your symptoms is a mistake. If you do that and your doctor has suspicions, your legal case could be compromised.
Specialists' Reports Are Important.
A family doctor can also refer you to appropriate specialists. Let's say you have hurt your back and cannot return to the physically demanding job you once held. A physician can refer you to an orthopedist who may order X-rays to evaluate bone health and look for alignment issues in your spine. They may also suggest an MRI to examine your spinal cord, nerves and spinal joints.
Depending on the test results, the orthopedist may recommend physical therapy and supportive equipment such as a brace. In more severe cases, they may arrange a consultation with an orthopaedic surgeon to discuss what surgery is necessary to treat your back pain.
Seek any required care and keep track of all the test results and diagnoses you are given. These will be invaluable in building evidence to support your disability claim.
Functional Capacity Evaluation.
At some point in your healing journey, your insurer may ask you to attend an examination known as a residual employability assessment or functional capacity evaluation (FCE).
It is a series of objective tests and observations to evaluate your physical ability to function in various activities, positions and tasks that you might encounter during a typical day.
Once all of the tests are completed, the results will be assessed to figure out if you can return to your previous job or if you can perform some other type of job. In addition, the final report should state whether your impairments will limit your ability to earn a regular income.
FCEs are performed by trained medical professionals such as a kinesiologist, physiotherapist or occupational therapist. The specialist doing your test will vary depending on your injury and the tasks normally involved in your job.
The results of the FCE form an essential part of your disability claim.
Other Forms of Evidence.
An assortment of documentation may be needed to back up a disability claim and needs to be consistently gathered and kept in chronological order. As well as medical records and assessments, documentation could include:
- Daily journals in which you describe the progression of your condition and its day-to-day impact on your life and ability to work. Make notes about your pain levels, mobility issues and how your disability affects your ability to complete routine tasks.
- Correspondence such as e-mails or formal letters between you and your healthcare providers, employer, and insurance company. These will reflect your efforts to manage your condition and the responses from those involved in your care or claim.
- Photographs and videos that provide visual documentation of your condition, especially if they capture your mobility challenges.
- Testimonials from family and colleagues. Their written statements about how your condition has impacted your life can add a personal dimension to your claim.
Consistent Medical Care Is Important.
Consistent medical treatment is one of the best ways to strengthen your long term disability claim. Regular visits to your healthcare provider not only ensure that you are getting the necessary care but are also necessary to keep your medical records up-to-date. The flow of documentation these visits will generate will be important pieces of evidence to prove the consistency and severity of your condition.
In addition, these records serve as a permanent reference for future care. Remember that insurance companies often deny or terminate disability claims citing "insufficient medical evidence." If you have been consistently working with the same medical specialists you will have the expert opinions to show that you are injured or disabled.
Contact a Toronto Disability Lawyer for Assistance.
The stress caused by a serious injury or the onset of a disability can be overwhelming. You are already struggling, compounded by the financial strain of not being at work.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.