Canada Long-Term Disability Lawyers

LTD claims are private disability policies that people usually have secured through their workplace. In order to qualify for LTD benefits, someone has to meet the disability test from their contract. Each contract is different, but to receive benefits, these contracts generally require that claimants are substantially unable to do their own job for a period of two years, and then are unable to substantially do similar jobs that pays approximately 60% or more of their pre-disability income. It is important to keep in mind that claimants could usually be able to perform some work and still be entitled to benefits.

Every case is different. Some cases can settle very quickly, within weeks or months of retaining a lawyer. Other cases, depending on the complexity and size of the claim, can take up to two to three years to settle. It is important to dispute and litigate LTD claims quickly and assertively because injured people often have no other source of income due to their inability to work.

A long-term disability lawyer might be able to help you source alternative sources of income– including CPP disability benefits– to help ensure that you are able to meet financial requirements until a settlement is reached.

If you have been wrongfully denied, a lawyer can initiate a claim to either recover all of your disability payments in a lump sum settlement or to have your LTD benefits reinstated. A legal professional may also be able to demand the payment of aggravated and punitive damages for the insurance company’s wrongful conduct and the harmful effect their denial has had on your life.

You generally have up to two years to file a lawsuit after a disability denial. It is best to speak with a lawyer to confirm the time limit and ensure you do not miss it.

If your case settles with a reinstatement of benefits, then you will continue to receive monthly LTD payments, usually until the age of 65. If your claim settles on a lump sum basis, you will not receive payments in the future because you will have received all of your disability payments at once in a lump sum.

Long-term disability lawyers generally charge a contingency fee in order to prosecute your LTD claim. This means that there are no upfront fees and you will only be required to pay if you are successful in your case. The lawyer will also pay all of the expenses of the case upfront and carry these costs throughout the course of your claim before recovering them from the insurance company either when your case settles or after a trial.

In most cases, we can dispute your disability denial. Wrongful denials are sadly common in Canada. If you are unionized, however, your lawyer will need to review the collective bargaining agreement to determine if they are able to take on your case or whether your union is obligated to dispute your denial on your behalf. It is also important to talk with your union to confirm if they are able to assist you, or whether you have the right to hire a private lawyer.

Insurance companies are supposed to look at the terms of your insurance contract, your medical condition(s), your real-world impairment(s), and your inability/ability to work. They will review your application and your medical records, so it is important to be accurate on your claim forms and when speaking to your doctor to ensure all conditions and impairments are noted. Unfortunately, insurance companies often deny claims even though someone is unable to work. For example, insurance companies will often deny a claim because they say there is not enough “objective evidence” of an ongoing health condition, even if this criterion is not stipulated in a claimant’s disability contract, and even when all their doctors support the claim of disability.

It is important to understand the terms of your insurance policy to know if you have been wrongfully denied. In order to understand the terms of your contract, you can take advantage of a free consultation with an experienced LTD lawyer. Doing so can help you determine whether your claim has been wrongfully denied and learn about what steps to take to fix your situation. In long-term disability denials, knowledge is power, especially against large insurance companies.

Possibly. Some long-term disability policies permit partial or rehabilitative employment while benefits continue, subject to the policy’s eligibility rules and income provisions.

A person’s ability to perform some work does not necessarily mean they are ineligible for all long-term disability benefits.