Scarborough Long Term Disability Lawyer
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If you have sustained a severe injury, a chronic physical illness, or a debilitating mental health condition and can no longer work as a result, provided you have an appropriate level of insurance coverage, you might be eligible to collect Long-term disability (LTD) benefits.
LTD benefits are intended to help seriously ill or injured insurance policyholders when they are unable to carry out the duties of their jobs because of a prolonged, disabling medical condition. Eligible claimants who cannot continue performing the tasks associated with their current occupations may be entitled to receive between 60-70% of their regular wages through monthly payment installments.
Insurance policyholders might be able to access disability coverage through their employer’s group plan. If their employer’s plan does not provide sufficient coverage, they may choose to purchase a private policy that covers LTD benefits and pay its monthly premiums independently.
Before being able to access LTD benefits, eligible claimants must take advantage of all other benefits available to them. These might include short-term disability benefits and Employment Insurance (EI) sickness benefits.
LTD benefits are not designed to provide eligible policyholders with all the wages they have lost on a monthly basis as a result of being unable to work due to their disabling medical condition. Generally speaking, LTD benefits usually only cover between 60-70% of a recipient’s normal earnings. Additionally, depending on the terms and conditions of their policy, a recipient’s monthly payment amount might be subject to certain caps.
That said, for people struggling to manage the debilitating symptoms of their disabling medical conditions, LTD benefits often provide a crucial degree of financial security. Without access to these critical benefits payments, disabled workers might find it impossible to continue making ends meet.
Unfortunately, many insurance companies find reasons to deny claims for LTD benefits submitted by policyholders whose medical conditions legitimately prevent them from doing their jobs. As a matter of fact, even though insurers are not compelled to disclose exactly what percentage of LTD claims are denied each year, by examining the number of disability claims annually denied by the Canada Pension Plan (CPP), it can be determined that more than half of all LTD claims are initially denied by insurance companies.
Furthermore, even people who are fortunate enough to have their claims for LTD benefits approved could face difficulties with their insurance company after receiving monthly payments for two years. Oftentimes, after this arbitrarily-determined length of time, insurance companies impose stricter eligibility requirements on benefits recipients, and might terminate their monthly payments if they do not meet these new qualifications. While some disabling medical conditions might improve within twenty-four months of being diagnosed, many do not. And even though LTD benefits recipients might not be ready to return to their workplaces, their insurers might terminate their monthly payments anyway.
If your claim for LTD benefits was denied even though your medical condition makes it impossible for you to perform the duties of your job, or if your LTD benefits payments have been terminated even though you are still not capable of returning to work, our Scarborough Long-Term disability lawyers may be able to assist you. To learn more, contact us today.
Contact Our Long-Term Disability Lawyers Serving Scarborough
Our Scarborough long-term disability lawyers provide all prospective clients with a free initial consultation. Even if you are unsure whether you might be able to pursue further action against your insurer to recover the coverage you are owed, consider taking advantage of your free initial consultation. By doing so, you will have the opportunity to review the details of your case, learn about options for legal action that might be available to you, and receive case-specific advice tailored to your unique set of circumstances.
To learn more, schedule your cost-free, no-obligation first meeting with our Long-Term disability lawyers serving Scarborough by calling 1-800-JUSTICE.
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long-term disability Settlements
Please note that past results are not indicative of future results as each scenario presents itself with its unique set of circumstances. But here are some long-term disability related wins we’ve had for our clients.
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Download Our "Long-Term Disability Appeals" E-Book
Here’s an e-book you might find useful if you’re interested in learning more about how long-term disability claims work.
In this ebook, you’ll learn:
- The difference between an internal appeal and a lawsuit
- How the LTD appeals process typically works in Ontario
- What evidence you can gather to strengthen your appeal
- How to respond to insurance company requests and other tactics they might use
- What deadlines may apply to your appeal
- The benefits of working with an LTD lawyer when you need to appeal your denied claim
- And more
Download Our "I’m Approaching Change of Definition" E-Book
Here’s an e-book you might find useful if you’re interested in learning more about how long-term disability claims work.
This ebook will help you:
- Understand what “change of definition” means when it comes to LTD policies
- Learn when this shift typically occurs and how it might affect your eligibility
- Know what evidence you can collect to support your continued claim
- Identify warning signs that a denial or termination might be coming
- Explore your legal options when your insurer cuts off your benefits
- Discover how a long-term disability lawyer can advocate for your rights
- And more
Download Our "Denied Long-Term Disability Benefits" E-Book
Here’s an e-book you might find useful if you’re interested in learning more about how long-term disability claims work.
In this ebook, you’ll learn:
- Common reasons why long-term disability claims are denied in Ontario
- What to do immediately after receiving an LTD denial
- The difference between appealing a denial and filing a lawsuit against your insurer
- How to gather strong medical and occupational evidence to support your claim
- What deadlines apply to LTD claim disputes
- How our long-term disability lawyers can help you build a strong case
- What compensation you may be entitled to
- And more
Download Our "Applying for Long-Term Disability Benefits" E-Book
Here’s an e-book you might find useful if you’re interested in learning more about how long-term disability claims work.
In this ebook, you can read about:
- Who qualifies for LTD benefits in Ontario
- How to effectively complete your LTD application package
- What medical and employment documentation you need to collect
- How insurance companies evaluate LTD claims
- Tips to avoid common errors that may lead to delays or denials
- What to do if your claim is denied
- How our long-term disability lawyers can support your application
- And more
More long-term disability Video Resources
We also have some videos on the topic of long-term disability claims
long-term disability FAQs
Here are some commonly asked questions for long-term disability claims
How long will it take to settle my case?
The duration of a long-term disability case can vary depending on a number of factors, including the reasons provided for the claim’s denial, the policyholder’s standing with their insurance provider, the complexity of the claimant’s case, the willingness of the insurance company to negotiate, Court availability, and other considerations. Generally speaking, it can take between 1-3 years for a fair resolution to be reached.
How much will I pay in lawyers’ fees?
Our long-term disability lawyers work on a contingency fee basis. That means we only get paid if the case is won, and our fees are based on a percentage of the compensation awarded. You will not be required to pay any upfront fees out-of-pocket in order to pursue legal action.
How long do I have to sue?
The statute of limitations for a long-term disability lawsuit in Ontario is generally two years from the date of the denial of benefits or the last payment of benefits. However, depending on the circumstances of the case, the lawsuit could be subject to additional time limitations. It is crucial to speak with a long-term disability lawyer as soon as possible, so as to not jeopardize your chances of recovering the compensation you deserve.
Do I have a strong case?
The answer to this question depends on the facts of your individual case. Our Ontario long-term disability lawyers should be able to evaluate the terms of your policy, review the evidence available to you, and consult with medical experts to assess the strength of your claim.
How much compensation will I get?
It is almost impossible to predict the specific amount of compensation you might be entitled to, however after reviewing the details of your case, our Ontario long-term disability lawyers may be able to provide you with an estimate that you could reasonably expect to be offered. The decision to accept settlement offers is yours and yours alone.
Do you represent insurance companies?
No, our long-term disability lawyers are solely committed to protecting the rights of policyholders who have been unfairly treated by insurance providers.
Will the insurance company continue to pay my disability benefits after we settle the case?
The answer to this question depends on the terms of your individual settlement. In most cases, the settlement will include a lump sum payment for past and future benefits. After agreeing to these terms and accepting this settlement offer, future benefits will no longer be paid. However, in some scenarios, insurance companies may only offer to settle for past benefits owing and might agree to continue paying benefits after the case is settled until the terms of the policy are reached.
Should I speak to the adjuster on my file after my benefits have been terminated?
It is not recommended that you speak to the adjuster on your file after your benefits have been terminated. Anything you say could be used against you. That is why it is best to consult with our long-term disability lawyers before communicating with your insurance company.
Got more questions?
If you have more questions or need legal help regarding long-term disability claims, contact our legal team for help.
We’re happy to help.
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