Long Term Disability Lawyers
Long Term Disability Insurance
Long term disability insurance lawyers understand that you bought disability insurance hoping never to use it.
Having suffered a disability, many people learn the insurance company puts up barriers, makes demands and seeks to deny your claim.
What is a Long Term Disability
A disability is where the insured is unable due to an accident, illness or injury where the insured is unable to preform their normal workplace activities or job including:
- unable to complete their normal working tasks on a continuing basis
- it is unreasonable for that person to continue that occupation,
- nor is a similar occupation within the employment available, and
- there are no reasonable employment options.
Being disabled or “totally disabled” can mean different things in different insurance policies.
A long term disability means that the physical disability is on going or is going to progress over an extended period of months or even years.
Insurance companies may try to deny the long term benefits arguing that although you are unable to do the work you were doing, you’re not totally disabled. The insurance company may argue that although you may have some sort of disability, you’re still able to do some sort of work.
The insurance company will argue that they should not have to make disability payments over an extended period of time, as the insured can do “some other form of work”.
About Long Term Disability Insurance
A long term disability insurance policy (LTD) is disability insurance that protects the insured.
The insurance protects against loss of income as the result of an illness, injury, or accident where the insured will be disabled or unable to work for an extended period of time.
Disability insurance is usually provided through an employees benefits package or purchased by self employed individuals.
Usually the insurance would provide the employee with an income when they are unable to work which is usually a percentage of their monthly pay.
A disability insurance policy does not however provide insurance for work-related accidents or injuries that are covered by workers’ compensation insurance, nor does a long term or short term disability deal with disability benefits under the Canada Pension Plan.
What a Disability Lawyer Does
In long-term disability claims, the disability lawyer works for you while dealing with the insurance company.
Without a disability attorney representing your disability, the claim is likely to receive less than what they maybe entitled to.
The insurance company will be looking to “pay out” the minimum disability benefits possible.
Having a disability lawyer representing you claim makes a difference. The lawyer ensures that your rights are protected and that being disabled you receive the highest settlement.
An experienced disability lawyer, will know the type and amount of settlement you should be receiving.
The insurance company initially usually offers or wants to pay you less, but we make sure your protected.
Working on your insurance claim a lawyer will:
- deal with all the red tape,
- guide you through your disability insurance policy,
- provide qualified medical experts to assist with your claim,
- simplify the process of making your claim in a way that is most advantageous to you,
- minimize the stress of processing your claim
The insurance company denied my disability claim. I needed to appeal the decision, once I had a disability lawyer on my side and the insurance company changed their attitude and settled. Randal James, Toronto
Reduced Insurance Benefits
Before settling a long term disability claim the insurance may seek to lessen the amount of disability benefits.
The insurance may suggest that you do another job, take training to do something different to earn an income. Suggesting that you are not totally disabled.
The insurance will seek to reduce, deny or provide another sort of employment so that as the insurance provider they save money.
A disability insurance lawyer will have the experience dealing with the insurance to explain and argue your side of the case including litigation and mediation hearings.
Denied or Reduced Benefits
Where the insured has a long term disability, the insurance company may seek to deny or reduce the benefits.
Upon receiving the application for insurance benefits the insurance company will be looking to critique the application for issues.
As disability insurance is a “for profit business”, if the insurance can deny or reduce the amount paid out for your claim, they will look for reasons to do so.
The insurance company may also try to refer the insured to the Canada Pension Plain Disability Benefit to avoid making payments.
Many people looking to represent themselves will find that the application process for a critical injury or disability becomes very frustrating as the insurance will be looking to dispute the claim where ever possible.
Deadlines for Long Term Disability Insurance
Critical illness claims are subject to time limits and deadlines so call our lawyers as soon as possible to avoid the expiration of any benefits.
We offer a no obligation consultation with one of our long term disability insurance lawyers who can explain the process and how we can help you.
When you have our firm representing you, our job is to ensure that you are fairly represented and the insurance company provides you with the insurance benefits that were paid for.
★★★★★ I was diagnosed with degenerative disc disease, the pain started slow but 5 years later it was difficult to work. I applied for my long term disability insurance but the insurance denied me saying I didn’t have the medical evidence to support the claim. The disability insurance companies know how to frustrated you, but luckily I had a great team of lawyers working for me. Vijay Pannu Toronto.
Many long term disability insurance policies will require the insured to be considered totally disabled before they pay disability insurance benefits.
The definition is usually specified within the insurance policy but maybe defined as being unable to perform the normal job employed to do and any other similar or related employment.
The insurance company may also attempt to imply that although the insured cannot do the job they were originally employed to do, they are able to do some sort of work.