We all know accidents can happen at any time. For many of us, just the thought of not being able to work and earn a living one day because of a disability causes serious distress. This fear might explain why so many people opt to purchase long-term disability coverage.
But even if you prepare for the worst, your disability insurance benefits might not be enough to pay for essentials like food, shelter, and clothing. Several factors can affect the total amount of benefits you will receive after suffering a disability. Without proper guidance from a Peterborough long-term disability lawyer, you could end up receiving much less than you deserve. To discuss your case and begin working toward recovery, consult with an injury attorney today.
Our long-term disability lawyers can meet with you in Peterborough for a free initial consultation. Call (416) 364-2000
Qualifying for Benefits
Long-term disability benefits replace income for those who suffer a disability and are unable to work. However, under most insurance policies, you must meet strict criteria to receive benefits. Additionally, some policies cover more illnesses or medical conditions than others. If you do not meet your insurer’s criteria, you could be ineligible for benefits.
For example, the Canada Pension Plan (CPP) the government offers has the following requirements:
- You must be under the age of 65
- You must have been forced to quit your job because of a medical condition or illness
- You paid into the Canada Pension Plan for at least four of the last six years, or you paid in for 25 years and made contributions for at least three of last six years
Regardless of your insurer, you will need to prove you are qualified for long-term disability benefits by:
- working with doctors to establish your illness
- following specific medical treatment plans
- completing a thorough evaluation of your policy
- and avoiding mistakes during the application process
Without the help of an experienced long-term disability lawyer in Peterborough, you could easily be denied benefits because one simple mistake.
Benefits You Can Receive
Several factors can influence the value of your benefits. For example, your disability payments will differ if you are found totally disabled (you cannot work any job) versus partially disabled (you cannot work your existing job).
Additionally, you may receive additional benefits if you are supporting a spouse or children. Although every insurance plan is different, most policies cover between 50 percent and 80 percent of your former salary.
Peterborough Long-Term Disability Lawyer Near Me (416) 364-2000
There is a time limit to file an LTD benefits claim. If you miss the deadline, your claim for benefits will likely be denied. The time limit varies based on the insurance provider, but our firm can examine your policy to ensure you meet all of the critical deadlines.
Appealing a Denial
A lot of times insurers deny applications because the applicant made a mistake on a form or failed to provide adequate information. If your insurer denies your claim at any level, we can always fight the insurance company’s decision.
For example, with Canada Pension Plan disability benefits, applicants have three separate levels of appeals after a denial. With CPP, if your application is denied, you can:
- First, you can request a “reconsideration” and submit new information to a new group of reviewers
- If this reconsideration is unsuccessful, you can appeal your case to a CPP tribunal within 90 days of reconsideration denial. Again, you should submit new information to support your claim
- Finally, if the tribunal denies your application, you can appeal to the CPP Pension Appeal Board within 90 days after the tribunal’s decision
When you wish to appeal your insurance company’s decision, it is a good idea to secure legal representation. Our firm can ensure your application is error-free and that your case contains the evidence necessary to support your claim fully.
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Role of a Lawyer
When you work with a Peterborough long-term disability lawyer, it increases your chances of success. Our lawyers have years of experience handling LTD claims. We know how to review the fine print on your policy and the best ways to compile compelling evidence to support your disability claim. With our help, you can avoid making a simple application mistake which could result in a denial.
If you receive a settlement offer from your insurance company, it is a good idea to review the numbers with a lawyer at our firm before accepting the offer. Our Peterborough long term disability attorney can conduct a final review of the settlement offer and make sure you are getting a fair amount. If not, we can negotiate with the insurance company on your behalf to get the full amount to which you are entitled.
We can also help you file an appeal if your insurance company has already denied your benefits. We will work with medical experts to provide additional evidence of your disability, proving that you are unable to work and entitled to LTD benefits.