Long Term and Short Term Disability Lawyers

Do I need a disability claims lawyer? 

Is this you? 

Your insurer first approved your claim for long-term disability benefits. They paid you for a while, then denied your claim or ended it. 

Or is this you? 

You have been struggling with your long-term disability insurer for months or even years. They denied your LTD claim, and you feel frustrated and unwell. 

We can help. 

If you face one or both of these problems, you can challenge the insurer's decision legally. The insurer may offer the option of going through an internal 'appeal' process first, but you don't have to do so. 

A personal injury lawyer who understands disability insurance laws can help you with your long-term disability claim.  

Our team knows what experts to hire, how to draft appropriate pleadings that protect your interests, how to prevent insurance companies from over-reaching, and how to position your case in a manner designed to get you the best possible outcome. 

Long-term disability benefits. 

You might have bought your long-term disability insurance on your own. You may also have coverage through a group benefits package from your employer. 

Your long-term disability claim may come from a mortgage disability policy. Your bank may have required you to buy this policy when you financed your home or business.  

Your disability might be caused by a physical injury resulting from a slip and fall, traumatic brain injury, or motor vehicle accident or come from a condition such as Chronic Fatigue Syndrome (CFS), Myalgic Encephalomyelitis (ME), or Fibromyalgia (FM). It could be the result of a heart, lung, immune, nerve, mental health, or other disabling condition. 

No matter the disability or the type of coverage you have, you may still be entitled to LTD benefits, even if your insurer says you are not. 

Long-term disability insurance. 

What is a long-term disability insurance policy? 

Long-term disability policies provide income replacement for those unable to work because of illness, injury, or an accident. If you cannot work for an extended period, you may qualify for benefits through your insurer. 

Every long-term disability insurance policy is different but have certain things in common. For example, to be approved for long-term disability benefits, you must meet the qualifying criteria in your insurance policy. Essentially, you will need to meet the definition of “disability” as it is defined in your insurance policy. 

Long-term disability insurance helps replace some of your lost wages when you cannot work because of an injury or illness. 

Often, your employer provides long-term disability as a benefit. Depending on the group benefits program, you may or may not have to pay all or part of the premiums yourself. Still, you can purchase stand-alone long-term disability coverage directly from insurance companies offering the product. 

What kinds of disabilities do long-term disability insurance policies cover? 

When people experience physical disabilities, it is generally easier to “see” the disability. For example, wearing a prosthesis, using a cane or walker, having internal fixation hardware (visible on x-rays), or having disfiguring scars that impact you psychologically, are clear signs of disability. 

When a disability is not “visible”, however, it can be challenging to prove that someone is struggling. This includes, for example, mental health problems or chronic pain. As a result, it may be more difficult to persuade the insurer, or a judge or jury, that the claimant cannot work. Greater reliance may need to be placed on the claimant’s ‘credibility’ and the strength of their work history. 

Disability claims. 

What should I do if my long-term disability benefits are denied? 

Once you submit your long-term disability application, your insurance company may approve your LTD benefits claim if in the opinion of their claims assessors, you are meeting the disability requirements for the benefits sought. LTD insurance benefits may end, however, if the insurer no longer considers you to be disabled. This can happen if ongoing medical proof of disability is absent, or if the policy requirements for disability change after a period of time – usually one or two years – and the insurer no longer considers you to be disabled under the changed definition of disability. 

Once your LTD benefits stop, you are well-advised to contact a lawyer. Your LTD insurance company’s decision to terminate your benefits can be legally challenged, which means that your insurer does not necessarily ultimately decide if or when your LTD benefits should end.  

Act now. 

Do not wait to talk to a long-term disability lawyer about your claim. 

If your LTD claim is valid and leads to a settlement or judgment, the legal fees that we charge will come from that settlement or judgment. We will not charge you if we cannot obtain compensation for you. And, of course, there is never a charge for our consultations, whether or not we take your case. 

Get your free consultation with a personal injury lawyer. 

A no-obligation free consultation with Gluckstein Lawyers  is only a phone call away. During the call, our LTD lawyer will discuss your situation with you. 

Based on what you share, you will be advised whether our firm can help you challenge the insurer’s claim denial. We will always be direct and honest with you. If we cannot help you, we will explain why. 

Our long-term disability lawyers in Toronto, Ottawa, Niagara, and Barrie help clients all over Ontario. We are here to work with you. Contact  our nearest office to set up your free consultation.