Long-Term Disability FAQs
Have you been diagnosed with an illness or sustained an injury that prevents you from performing the duties of your job? If so, you might be eligible for long-term disability (LTD) benefits. Unfortunately, many LTD benefits claims are denied by insurance providers, which can put disabled claimants in confusing, stressful positions. To learn more about how our long-term disability lawyers may be able to help you stand up for your rights, read the answers to some of our most frequently asked questions.
Can I appeal a CPP Disability denial?
Yes, CPP denials can be appealed through the Social Security Tribunal, which reviews applications and medical evidence.
What if my doctor doesn’t support my disability claim?
You may seek a second opinion from another qualified physician to provide additional evidence.
Can the insurance company cut off my benefits without notice?
Insurers may stop benefits if they believe you no longer meet the disability definition, but they must provide reasons.
Will my employer know about my disability claim?
Employers usually only know that you’re receiving LTD benefits, not the details of your medical condition.
What happens if I’m approved for CPP Disability benefits?
Your LTD insurer may deduct CPP benefits from your LTD payments. Approval for CPP Disability may strengthen your LTD case.
Can I work part-time while receiving long-term disability benefits?
Sometimes, policies allow partial benefits if you can work reduced hours. The rules depend on your policy language.
Can my LTD benefits be taxed?
Taxation depends on whether your premiums were paid with pre-tax or after-tax income. If your employer paid the premiums, your benefits may be taxable.
What if my employer terminates me while on disability?
Employment termination doesn’t automatically cancel your LTD benefits. Your coverage may continue as long as you were covered when you became disabled.
Do I need to apply for CPP Disability if I have private LTD?
Many policies require you to apply for CPP Disability. Any CPP payments usually reduce what your insurer pays.
What happens if my condition improves?
If your condition improves, the insurer may review your claim. They could reduce or stop benefits if you’re able to return to work.
How long do LTD benefits last in Canada?
LTD benefits may last a fixed period or until age 65, depending on your policy.
Can I work part-time while receiving LTD benefits?
Some policies allow part-time work, but the insurer may reduce your payments based on your income. Always check your policy before accepting any part-time role.
What if my condition worsens after my claim is approved?
If your disability worsens, you may qualify for increased benefits or extensions. Updated medical records and assessments help support these changes.
How long does an LTD lawsuit typically take?
Disability lawsuits vary in length, often lasting several months to a few years depending on court schedules, evidence disputes, and insurer cooperation.
What happens if my employer terminates my employment while on disability?
Even if your job ends, your LTD coverage usually continues as long as the policy remains in effect. Employers cannot simply terminate coverage because you’re receiving LTD benefits.
Can I still work part-time and receive LTD benefits?
Some policies allow partial disability benefits. If you can work limited hours while still meeting the disability definition, you may continue receiving partial LTD payments.
How much does it cost to hire an LTD lawyer?
Most disability lawyers work on a contingency fee basis, meaning you don’t pay upfront. Payment comes only after your case is successfully resolved.
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.