Pickering Long Term Disability Lawyer
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Contact our Pickering long-term disability lawyers for a free consultation if you have legal questions regarding your long-term disability claim.
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Depending on the types of coverage included in your insurance plan, if you cannot perform the duties of your job because of a physical or mental disorder, you might be entitled to collect Long-Term disability (LTD) benefits. LTD benefits are intended to help eligible insurance policyholders by providing them with monthly income replacement payments when a severe injury, mental disorder, or chronic illness prohibits them from working.
You might have access to LTD benefits through your employer’s group insurance plan, or through an insurance policy you pay for independently. If you have adequate insurance coverage and you can no longer carry out the tasks associated with your current occupation because of a disabling medical condition you have developed, you may be entitled to submit a claim for LTD benefits.
To do so, you must have already exhausted all other insurance benefits available to you, including short-term disability benefits and Employment Insurance (EI) sickness benefits. You must also be able to include certain substantiating evidence along with your application for benefits. This evidence should be able to prove that:
- A medical professional has diagnosed you with a disabling medical condition
- You have been receiving prolonged, ongoing medical treatment for this condition
- As a direct result of the medical condition you have developed or sustained, you are unable to perform the duties of your job
- And possibly more
In order to prove the severity of your condition and the preventative effect its symptoms have on your ability to complete the tasks associated with your job, you may be required to provide your insurance company with various substantiating evidence, including:
- Medical records
- Results of medical examinations
- Statements from attending physicians
- A detailed description of job duties
- A statement from plan sponsor (i.e. employer)
- Other documentation
Unfortunately, certain conditions cannot be objectively measured by administering or analyzing medical tests, nor can their symptoms be observed by third parties. The symptoms of so-called “invisible” illnesses or injuries are experienced subjectively by each patient, who might be in extraordinary pain and distress but unable to prove the severity of their conditions with objective medical evidence. As such, people who submit LTD benefits claims for these unobservable illnesses or injuries are often met with undue disbelief or suspicion. Oftentimes, their claims are dismissed outright due to a lack of substantiating evidence. Common examples of so-called invisible medical complaints that often subject a benefits claimant to additional scrutiny include:
- Depression
- Anxiety
- Chronic pain or complex regional pain syndrome (CRPS)
- Post-traumatic stress disorder (PTSD)
- Fibromyalgia
- Arthritis
- And more
Insurance providers can– and do– deny LTD benefits claims for a number of different reasons. Even policyholders whose claims include thorough, compelling medical evidence illustrating the severity of their medical conditions can be denied the funds to which they should be entitled.
If your claim for LTD benefits was unfairly denied by your insurance company, contact our Pickering Long-Term disability lawyers today and receive a free initial consultation.
Call 1-800-JUSTICE To Speak With Our Long-Term Disability Lawyers Serving Pickering
Our Pickering Long-Term disability lawyers offer a free initial consultation to all prospective clients. If the benefits payments you should be able to collect have been withheld from you for unfair reasons, our Long-Term disability lawyers serving Pickering may be able to fight on your behalf to help you recover the compensation you are owed.
To schedule your free initial consultation and receive personalized legal advice about options that might be available to you, call 1-800-JUSTICE and speak with our Pickering Long-Term disability lawyers today.
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Case Results
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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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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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