Hamilton Long Term Disability Lawyer
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Contact our Hamilton long-term disability lawyers for a free consultation if you have legal questions regarding your long-term disability claim.
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If your insurance plan includes coverage for Long-Term disability (LTD) benefits, it is only natural to assume that, should you require support after developing a severe illness or injury, you will be able to easily collect benefits payments. After all, either you or your employer pay monthly premiums to your insurance provider for just this reason. If you are no longer able to perform the duties of your job because your disabling injury or illness makes it impossible for you to do so, you should be able to collect the LTD benefits payments included in the plan for which you have made regular monthly contributions.
Unfortunately, for a number of reasons, insurance providers frequently decide to deny eligible policyholdersโ claims for LTD benefits. Insurance companies are not legally required to share justย what percentage of LTD claims are denied each year. However, based on anecdotal evidence and the high number of disability claims denied each year by the Canada Pension Plan (CPP), it can be ascertained that more than half of all LTD claims submitted across the country are initially denied by insurance companies.
Even if a policyholderโs application for LTD benefits includes medical evidence that can sufficiently substantiate their claim, their insurance provider could find a reason to withhold the payments they should rightfully be owed. Some reasons insurance providers often use to deny claims for LTD benefits include:
- Insufficient supporting medical evidence was included in the application
- Claim was filed late, past requisite deadlines
- There no objective evidence of disability (often the case with โinvisibleโ injuries or illnesses)
- The medical condition does not meet the insurance policyโs definition of โdisabilityโ
- The policy includes contractual stipulations (often excluding pre-existing conditions) that disqualify a claimantโs application
- The claimant refused to undergo an independent medical examination (IME)
- And more
All applicants whose claims for LTD benefits have been denied should have the opportunity to formally appeal their insurerโs decision. However, for people struggling to cope with the daily realities of living with a disability, the idea of picking a fight with a large, monolithic insurance company can seem completely overwhelming. Most people think taking on their insurance provider will be a worthlessโ and expensiveโ endeavour. They tend to walk away from the fight instead of standing up for the fair treatment they are duly owed.
Our Hamilton Long-Term disability lawyers appreciate how frustrating and frightening it can be to receive a denied claim for LTD benefits. Our Long-Term disability lawyers serving Hamilton have decades of experience fighting back against the unfair tactics often used by insurance providers to withhold payments from deserving policyholders.
Additionally, our Hamilton Long-Term disability lawyers work on a contingency-fee basis. That means, if you are eligible to pursue legal action against your insurer, you will not be charged a cent unless we win your case. By working with our Long-Term disability lawyers serving Hamilton, you might be able to recover costs related to:
- Previously denied benefits
- Legal fees
- Damages incurred as a result of your claimโs initial denial
- Punitive damages
- And possibly more
Call Preszler Injury Lawyers Today At 1-800-JUSTICE
LTD benefits typically cover between 60-70% of a recipientโs regular income. If you cannot continue earning your normal wages because you have been diagnosed with a severe, disabling medical condition, LTD benefits could help you retain a degree of financial stability during a fraught and challenging time in your life.
If your claim for LTD benefits was denied, take advantage of a free initial consultation with our Hamilton Long-Term disability lawyers.
Do you live in Hamilton? Here’s how we can help:
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Award Winning Personal Injury Law Firm
We are proud to be one of Canadaโs oldest and long-standing personal injury law firms. Since 1959, we have been providing exceptional legal services and have established ourselves as leading personal injury lawyers in the Canadian legal community. Itโs not just the awards that recognize our achievements, but also the wins weโve achieved for thousands of Canadians with their long-term disability claims.
Case Results
long-term disability Settlements
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 weโve had for our clients.
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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
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.
LONG-TERM DISABILITY BENEFITS DENIED OR CUT-OFF IN HAMILTON?
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Learn how we can challenge your denial or termination and help you secure the benefits you’re entitled to.