Practice Areas

Long-Term Disability

Long-term disability lawyers assist individuals who are unable to work due to a disabling injury or illness in navigating the complexities of disability claims and insurance benefits. They provide guidance on filing claims, appealing denied claims, and negotiating settlements with insurance companies. Additionally, these attorneys help ensure that clients receive the full benefits they are entitled to under their insurance policies, including negotiating for back pay and future benefits. If you are facing a long-term disability and need help securing your financial future, consulting with our lawyers can be crucial in protecting your rights and benefits.

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Long-Term Disability Law

Life brings many challenges, including the possibility of becoming unable to work due to a long-term disability. When this happens, securing your financial future becomes a priority. Here are the top reasons why you might need long-term disability legal services:

  1. To Ensure You Receive the Benefits You Deserve: Often, insurance companies are reluctant to approve claims. A specialized lawyer can help ensure that your claim is presented effectively to increase the likelihood of approval.

  2. To Navigate the Complex Claims Process: Long-term disability claims involve intricate paperwork and strict deadlines. An experienced attorney can guide you through the process, helping you to avoid common pitfalls that could jeopardize your claim.

  3. To Advocate on Your Behalf in Disputes: If your claim is denied, a knowledgeable lawyer can appeal the decision on your behalf and represent you in any necessary hearings or negotiations.

At de Bakker Law, we understand the stress and uncertainty that comes with a long-term disability. Our goal is to provide compassionate and effective legal assistance to ensure that you are not left struggling during a difficult time in your life. We will:

  • Review Your Policy: Our attorneys will carefully examine the details of your insurance policy to understand the coverage you are entitled to and the requirements for a successful claim.

  • Prepare and Submit Your Claim: We will assist in gathering all necessary documentation and expert opinions to build a strong case for your claim.

  • Handle All Communications with the Insurance Company: Our team will manage all correspondence and negotiations with the insurer, allowing you to focus on your health and recovery.

  • Appeal Denied Claims: If your initial claim is denied, we will meticulously prepare and file an appeal, representing you throughout any legal proceedings.

De Bakker Law is dedicated to making the process of securing long-term disability benefits as straightforward and painless as possible. We advocate fiercely on behalf of our clients to ensure they receive the support they need and deserve.

Frequently Asked Questions

In Ontario, a long-term disability is typically a medical condition that prevents you from performing the essential duties of your job for a period that is expected to last longer than the short-term disability benefit period, usually 90 to 120 days.

To apply for LTD benefits, you need to complete an application provided by your insurance provider. This usually includes filling out forms, providing medical evidence from your treating physicians, and possibly supplying additional documentation related to your employment.

If your LTD claim is denied, it is important to consult with a lawyer who specializes in disability claims to understand your options. You may need to file an appeal or a legal claim to challenge the decision.

The duration of LTD benefits varies depending on your policy details. Benefits typically continue until you are able to return to work, you reach the age of 65, or you no longer meet the definition of disability under your policy.

Some LTD policies allow for “partial disability” benefits, which let you work in a limited capacity while still receiving benefits. However, any earnings may be deducted from your benefit payments. Always check the specific terms of your policy.

Common reasons for claim denials include insufficient medical evidence, failure to meet the policy definition of disability, non-compliance with treatment recommendations, and late or incomplete application submissions.

Employers in Ontario must accommodate employees with disabilities up to the point of undue hardship. While you cannot be fired for being disabled, employment may be terminated for other legitimate reasons, including company restructuring. Legal advice should be sought if this occurs during your disability.

While not required, having a lawyer can greatly improve the chances of a successful LTD claim. Lawyers can help ensure that your application is complete, provide advice on complex policy language, and advocate on your behalf if disputes arise.

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