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Mental health is an important part of being able to work and earn a living. If you suffer from a nervous or mental disorder, it may prevent you from being able to work. In these cases, you may qualify for Long-Term disability (LTD) benefits.
However, getting LTD benefits for depression, anxiety, or another mental disorder can be difficult. As there are no blood tests or imaging scans that definitively demonstrate that you have a mental disorder, insurers may fight LTD claims related to mental health disorders.
If you find yourself unable to work and wishing to get the disability benefits to which you are entitled, a lawyer can help. Contact a long term disability claims lawyer today to learn how to file a Toronto depression and mental disorder Long-Term disability claim.
Receiving Benefits
To get disability benefits, you will need to establish the existence of your condition and how it prevents you from working. The insurance company may evaluate your initial claim for short-term disability, and then a claim for LTD once your short-term disability runs out after a couple of months.
For the first two years of your LTD benefits, you must prove your disability prevents you from working in your current job. Then after two years, that it prevents you from working in any job.
The insurance company will analyze your disability at various stages, and may require medical evaluations to prove that you suffer from a disability and that it prevents you from working. Navigating this process and meeting these requirements can be difficult with any LTD claim, but a Toronto depression and mental disorder Long-Term disability claim can be especially hard to navigate successfully.
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Difficulty Of The Claim
Claiming that a mental health disorder creates significant disability starts with a solid diagnosis. You must have evidence from a psychiatrist or psychologist that you have the condition you claim. This diagnosis needs to conform to the insurance company’s definition of disability.
Even with a diagnosis, the insurance company might argue that you are still able to work despite your condition. The insurer may ignore the fact that chronic depression can cause sleep problems, low energy, and may even lead you to stop eating and caring for yourself, all of which can make it impossible to work.
A disability lawyer will make sure that your claim accounts for this and provides adequate proof that your disability prevents you from working. They will present your treatment records, testimony from your doctor, and any other applicable evidence that proves the extent of your disorder and how it affects your life and ability to work.
Building An LTD Claim
When building a depression and mental disorder Long-Term disability claim in Toronto, start keeping notes about your condition and how it affects you. It may help a lawyer build your claim if you keep a detailed journal throughout the day. Every day, take notes about:
- How you slept and for how long
- Your eating habits and times
- Your interactions with other people
- Any medications you take
- Events you miss due to your condition
- Physical effects of your condition
- Any time your condition affects your ability to perform job duties
These notes help paint a picture of the struggles you experience daily and how they keep you from working. We also encourage you to continue care with your doctors and to build a relationship with them.
Also, it is important to tell your doctors that you are filing for disability benefits so they are aware that a lawyer might ask them to provide supporting evidence for your claim.
Contacting A Lawyer
Meeting the insurance company’s criteria during each step of your Toronto depression and mental disorder Long-Term disability claim and over the life of your benefits can be complex, especially when seeking benefits for a mental disorder.
A lawyer can prepare your claim to address any obstacles the insurance company may present through solid case building and evidence gathering.
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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.
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