Frequently Asked Questions
Do I still get long-term disability benefits if I am no longer on payroll with my employer?
If you were actively employed at the time you became disabled or suffered your unexpected injury or illness, then a termination of your employment should not affect your long-term disability entitlement. If you receive any severance pay, however, then that may be deducted from your benefits payments. The situation may differ if you were on short-term disability when you were laid off.
Do my long-term disability benefits discontinue if I am no longer employed with my employer?
As long as you were actively employed at the time you suffered your illness or injury, then a termination or layoff will not affect your entitlement to long-term disability benefits. If you were on short-term disability benefits when your employment ended, then the situation may be more complicated. Any severance payment you receive may be deducted from your benefit payments.
How can a long-term disability lawyer help me with my long-term disability claim?
If you are denied your long-term disability benefits, you do have the option of pursuing an internal appeal or suing the insurance company without a lawyer. Keep in mind that the insurance company has years and years of experience dealing with claims like this and are adept at denying people their benefits. By hiring a lawyer to fight on your behalf, you have someone negotiating in your corner who has similar experience with long-term disability claims like yours. Call our legal team for a free initial consultation and let us get you the benefits that you deserve.
How do long-term disability appeals work?
If your claim for long-term disability benefits has been denied, then you have the option of pursuing an internal appeal process. This means that you submit a letter and additional evidence in an effort to convince the insurance company to change their minds about your denial. The internal appeal process varies depending on the insurance provider. Each company has their own rules and regulations for this process.
How long can I get long-term disability for in Canada?
Most plans will cover your long-term disability benefits up to a two-year period. When you are first assessed for long-term disability, you will be put through the “own occupation test” to determine if your condition prevents you from completing the duties of your current job. After two years, you will be put through the “any occupation test” to see if you are able to do any occupation that you may normally be qualified for.
How long can you stay on long-term disability for in Canada?
This can vary depending on the insurance company, but typically a standard benefit period is about two to five years or for as long as you have your disability until the age of 65. Other factors in determining this length of time are income and age. After you turn 65, your insurance provider may request that you apply for Canadian Pension Plan disability benefits.
How long do I have to wait to receive long-term disability benefits?
After you have submitted everything necessary for your long-term disability claim, you may have to wait up to six weeks before you receive benefits or are notified of a decision on your claim. This length of time can depend on how complex the claim is and how much evidence is involved in the application. Insurance companies need time to assess your claim and reach a decision. You’ll also need to meet the requirements of the elimination period.
How much do long-term disability benefits pay?
The amount you may receive from long-term disability benefits depends on a number of factors, including the terms and conditions of your specific insurance policy. Most long-term disability plans will pay 60% to 70% of your normal income. To learn what you may be entitled to, consult your current long-term disability insurance policy.
Is critical illness insurance different than long-term disability insurance? If so then how do cancer claims work if you have both types of insurance?
Critical illness insurance is an insurance that pays out a tax-free lump sum if you are diagnosed with one of the illnesses covered under the policy. Long-term disability insurance, on the other hand, pays out regular payments on a monthly basis while you are unable to work. Usually, these payments are taxable. Critical illness insurance can sometimes cover illnesses that may be excluded under long-term disability insurance plans. The advantage of LTD is that it can provide financial stability for a potentially longer period of time.
Reasons why your long-term disability claim can be denied?
There are many reasons why your long-term disability claim might be denied. Your insurer may believe that you are lacking the necessary supporting medical documentation that proves you are unable to work. Your insurer may disagree with the opinions of your doctors or think there is no diagnosis for your condition. You mya have not followed the treatment plan directions to mitigate your condition or you may have a pre-existing condition that excludes you from receiving long-term disability benefits. Some issues can be easily resolved by submitting missing information, but other issues may require a more complex remedy and possibly assistance from a long-term disability benefits lawyer.
Reasons why your short-term disability claim can be denied?
Your insurance company may disagree with the opinion of your doctors or you may not meet their definition of totally disabled. Your insurer may believe that you can work in another occupation or that you’re still able to work in your current job. You may have a pre-existing condition that excludes you or not have met the limitation period and weren’t off work for long enough before making a claim.
Types of long-term disability illnesses
There are lots of different injuries and illnesses that may qualify you for long-term disability benefits. Even if you don’t see your injury or illness listed here, contact us as you may still qualify for long-term disability benefits through your insurer.
What do you do if your long-term disability claim benefits have been denied or terminated?
If your claim for long-term disability benefits have been denied or terminated, the first thing you should do is carefully read the denial letter and make sure you understand the reasons provided. It might involve a simple fix like submitting missing information. If you are experiencing a wrongful denial, you should consider taking your denial letter to a long-term disability benefits lawyer. They will be able to assess whether they can assist you. Dial our legal team today for a free initial consultation.
What does change of definition mean?
After receiving long-term disability benefits for a certain period of time, typically two years, your insurance company will have a change of definition of “disabled.” The original definition of disabled likely meant that you were unable to complete the duties of your current position, known as the “own occupation test.” The change of definition usually involves the “any occupation test” to determine that you are unable to work in any occupation that you might usually be qualified for.
What does total disability /totally disabled stand for?
Totally disabled is the insurance company’s definition of disabled. This usually means that you are unable to complete the basic duties of your current job. This can also mean that you are unable to work in any occupation that you might normally be qualified for, based on your experience and education.
What happens if I am injured or get an illness that prevents me from working or doing my job properly?
If you are unable to work due to an illness or injury, you may be eligible for long-term disability benefits under your employer’s group disability insurance plan. You may also have access to long-term disability insurance privately through a broker if you’ve purchased a policy. If you do not have access to long-term disability insurance, then you should consider applying for Canadian Pension Plan (CPP) disability benefits instead.
What is a pre existing period?
If you have a condition or ailment that is pre-existing before you signed onto this insurance policy, you may be excluded from collecting long-term disability benefits. There is a certain time period before the policy became active that you must have received treatment for this medical issue. Each policy has a different pre-existing period, however, but most range from 6 month to 2 years. Consult the terms and conditions of your insurance policy to see what applies to your situation.
What is long-term disability insurance?
When you are forced to miss work due to an unexpected injury or illness, your expenses will start piling up. Long-term disability insurance is an income replacement designed to keep you from experiencing financial hardship while you work on your recovery. You may have access to this insurance through your employer’s group disability insurance plan or you can purchase a policy privately through an insurance broker.
What is long-term disability?
If you are unable to work due to an unexpected illness or injury, then long-term disability serves an income replacement. Your ability to work may stop, but your regular expenses and bills will continue to pile up. For many Canadians, long-term disability benefits are the only resource they have to keep them from experiencing financial hardship.
What is short-term disability?
Short-term disability benefits are an income replacement for when you are unable to work due to an unexpected illness or injury. This usually only covers your benefits for about 6 months. If your condition lasts longer, then you will likely have to apply for long-term disability benefits instead.
What is the difference between a disability benefit appeal period and a disability benefit limitation period?
A disability benefit appeal is when you participate in your insurance company’s internal appeal process to convince the insurance company to change their mind regarding the denial of your benefits claim. The limitation period regarding your benefits claim has to do with bringing a lawsuit claim for your disability benefits. In Canada, you have two years from the date of your denial to bring legal action against the insurance company.
What is the elimination of a disability policy?
The elimination period is the set period of time that you must be off work due to your illness or injury before you can be eligible for long-term disability benefits. This is measured from the date you first suffer your injury or illness to the date you benefits become payable. The purpose of this period is to allow you to get treatment and see how the treatment plan affects your ailment.
What is the elimination period?
The elimination period is the standard period of time that you must be out of work due to your injury or illness before you can qualify for long-term disability benefits. This varies depending on your insurance provider. Typically each insurance company will have their own standard period of time for the elimination period.
What is the own occupation test?
The own occupation test is an assessment to determine whether you are able to complete the responsibilities of your current job. This can involve physical tests and medical evidence such as statements from your doctors. Your employer may also have to make a statement, providing occupational information. If you are deemed to pass the own occupation test and are unable to work in your current position, then you will likely be put on long-term disability.
What is the process to file a long-term disability claim in Canada?
To file a claim for long-term disability in Canada, you’ll need to familiarize yourself with your insurance company’s process. You’ll first have to obtain a copy of the claim application form from either your human resources representative or directly from the insurer’s website. Part of the process will involve gathering medical evidence of your condition that details how it prevents you from working. This means medical documentation and occupational information. Be sure to diarize any deadlines with the process so that you can submit all the required information on time. There may be additional assessment steps as well such as a phone interview with a representative from the insurance company or an in person assessment.
What is the qualifying period for long-term disability?
The qualifying period is the amount of time you must be off work for before you can be eligible for long-term disability benefits. This can vary depending on your provider. It usually is somewhere between 90 to 180 days. This is necessary so that you can start to receive treatment for your illness or injury and see if a quicker recovery is possible. This also gives the insurer time to analyze your claim.
What types of injuries or illnesses qualify someone for long-term disability?
Some typical physical illnesses that are covered under most long-term disability insurance policies are cancer, HIV/AIDS, migraines, fibromyalgia, heat disease, Crohn’s disease, and multiple sclerosis. Injuries from motor vehicle accidents or slip and falls may also be eligible such as chronic pain, herniated discs, or back problems. It’s not only physical issues that are covered, but mental health problems as well such as bipolar mood disorder, anxiety, and post-traumatic stress disorder (PTSD). To see if your condition is covered, consult your insurer’s policy.