HomeNews & TopicsPatient and Staff SafetyProving Mental Health LTD Claims: Why Trauma-Informed Legal Help Matters

Proving Mental Health LTD Claims: Why Trauma-Informed Legal Help Matters

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The Hidden Struggle

Nearly all of our clients suffer some degree of mental illness; whether related to managing a physical illness or as a primary condition. When they are faced with the added stressors of dealing with their disability insurer, their conditions often worsen and they find themselves in desperate need of legal support.

“It was a relief to have som eone else fight for me for a change.”– MDL Client

Most often insurers deny mental health claims, arguing that symptoms are “subjective”; or limitations are self-imposted; or that claimants have not had what the insurer deems as “appropriate treatment”, such as medication, specific types of therapy, or inpatient treatment.

Some of the most damaging denials come when our clients are forced into “rehab” return-to-work programs that fail to account for their conditions. Those programs combined with the threat of use of surveillance, call into question credibility and motivation, resulting in the serious aggravation of their mental illness.

Why Mental health Disability Claims Get Denied

• No objective findings – Insurers disregard symptoms that are self-reported.

• Treatment disputes – They may attempt to direct therapy and medication.

• Return-to-work pressure – Force rehab return to work programs aimed at return to work as opposed to treatment.

• Surveillance tactics – Use observed activities to attack credibility or level of impairment.

How Mulqueen Disabiility Law Helps

At Mulqueen Disability Law, we combine legal strategy with trauma-informed service. Our team has built a reputation for aggressively advocating for our clients, while protecting their mental health, throughout our representation.

A Trauma-Informed Certified Team

We understand how the legal process itself can be triggering. In addition to suggesting and offering accommodations, every member of our team is trained to approach clients with sensitivity, awareness, and respect. Our goal is to ensure that our clients feel empowered by retaining us to advocate for them.

Deep Experience in Mental Health Claims

From depression and anxiety to PTSD and bipolar disorder, we understand the various ways insurers work to deny these claims—and how to combat their tactics effectively. Our team has decades of experience focused on litigating LTD claims, including valuable insider experience, working for the insurers we now sue for our clients.

Collaboration with Healthcare Providers

We work hand-in-hand with doctors, therapists, and treatment providers to build clear, evidence-based support for mental health disability claims. We understand the limitations various treatment providers have with respect to commenting on diagnosis, treatment, prognosis and level of impairment. Our requests for information are timely, taking care not to overwhelm treatment providers who are already stretched to their limits.

Fighting Unfair Denials

Mental illness affects every part of life. When insurers deny disability benefits, recovery is delayed and symptoms worsen. That’s why we move quickly and aggressively—whether through negotiation, mediation, or litigation. We understand the longer our clients are without an income the greater the risk to their recovery. Our role is to take over the fight, allowing our clients to focus on their treatment and recovery.

“Our role is to take over the fight, allowing our clients to focus on their treatment and recovery.” MDL

If you, your patient, or someone you care about has been denied disability benefits for a mental health condition, contact us for a free consultation. Trauma Informed legal support and legal strategy built on 25 years of experience litigating LTD claims, can make a world of difference.

Serving clients across Ontario

www.mulqueendisabilitylaw.com

(416) 900-0368

Mulqueen Disability Law – Trauma-Informed Certified – Fighting For You, When You Can’t.

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