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As far as disabling conditions go, cancer is unique. While some cancers directly prevent you from working, in many cases it is the cancer treatment that causes disability and prevents you from working. The varieties of cancers and different stages of the disease can make getting Long-Term disability (LTD) benefits especially difficult.
If you are pursuing LTD benefits for cancer, you will need to establish not only the presence of the disease, but that the disease or the treatments for it prevent you from working. A lawyer can compile medical evidence and work with expert witnesses to prove the effects of your condition and its limitations.
They also deal with LTD insurers who may try to unfairly deny your Long-Term disability claim or reduce the benefits you receive.
An experienced Toronto cancer long term disability lawyer can help disabled people in Toronto build solid cases that establish their disability and inability to work because of it.
Building A LTD Claim
Ultimately, you must prove that your condition prevents you from working to qualify for Long-Term disability benefits. If you are applying for LTD benefits based on your cancer, the insurance company will evaluate a few elements.
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The Type Of Cancer
The medical community typically regards some skin cancers as the least dangerous and disabling forms of cancer. Doctors usually treat these cancers with minor surgery and in many cases they do not qualify for LTD benefits.
On the other side of the spectrum are lung and pancreatic cancers, which are either difficult to identify at treatable stages or progress rapidly.
The Treatment
Chemotherapy, radiation therapy, and surgery are three common clinical treatments for cancer. Chemotherapy and radiation can make a cancer patient very sick. Depending on the severity of the side effects and the duration of treatment, the treatment alone can prevent you from working. Even after chemotherapy or radiation treatment ends, the effects can linger well after.
If you cannot work due to either your cancer or the treatment, you may qualify for disability benefits. After your short-term disability benefits run out after a couple of months, the insurance company will evaluate our condition to determine if it still prevents you from working in your current occupation. After two years, the insurance company will again evaluate your condition, this time to determine if it prevents you from working in any occupation.
Denying The Claim
While the insurance company is investigating the validity of your Toronto cancer Long-Term disability claim, it may also be looking for reasons to deny your claim. If it finds inadequate evidence that your cancer or treatment is disabling and preventing you from working, the insurer may deny your claim.
Approving Your Claim Based On A Mental Disorder
Insurers may also try to approve your Toronto cancer Long-Term disability claim for depression and anxiety, common conditions accompany cancer and cancer treatment, instead of cancer. LTD benefits for mental disorders may be lower than for cancer because they do not last as long.
Paying Only During Treatment
Some insurers may also try to pay LTD benefits only while you are receiving treatment. Others may argue that you will not receive chemotherapy treatment long enough to qualify for benefits.
A cancer long term disability claims lawyer in Toronto may use testimony from your doctor or other medical experts and records of your diagnosis and medical care to establish that it is your cancer and related treatment that causes your disability. They may also work with vocational experts and other evidence to prove that you are unable to work due to your cancer and/or the treatments, including after your chemotherapy treatment is complete.
After two years when the insurance company evaluates your ability to work in any occupation, a lawyer can again provide evidence that your condition and treatment is preventing you from working in any occupation.
Contacting A Lawyer
When you work with a Toronto cancer long term disability lawyer, they will provide an insider’s look at the ins and outs of cancer LTD claims in Toronto. Their knowledge of how the insurance company thinks and acts helps them avoid pitfalls as they gather evidence and submit their claim, so there are fewer delays and surprises along the way.
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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
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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.
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If you have more questions or need legal help regarding long-term disability claims, contact our legal team for help.
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