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Preszler Injury Lawyers

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Preszler Injury Lawyers

Toronto Cancer Claims Lawyer

Find out if you have a case today.

Contact our Toronto long-term disability lawyers for a free consultation if you have legal questions regarding your long-term disability claim.

Table of Contents

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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Award Winning Personal Injury Law Firm

We are proud to be one of Canada’s 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. It’s not just the awards that recognize our achievements, but also the wins we’ve achieved for thousands of Canadians with their long-term disability claims.

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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 we’ve had for our clients.

Settlement

Long-Term Disability

$2.2M

Our client was denied LTD payments after struggling with mental health problems. We settled for more than $500,000 over the policy value due to the insurance company’s bad conduct.

Settlement

Long-Term Disability

$995K

The individual was a trader who had a nervous breakdown during the 2008 financial crisis. His insurer initially denied his LTD claim but we were able to challenge that successfully.

Settlement

Long-Term Disability

$900K

We successfully obtained a settlement for an employer who was denied LTD benefits after being fired by his employer.

Settlement

Long-Term Disability

$750K

Client unable to work relating to health issues.

Settlement

Long-Term Disability

$750K

We successfully obtained a settlement for an individual denied benefits due to a pre-existing condition, when they had an “own occupation” disability benefit policy.

Settlement

Long-Term Disability

$713K

We successfully achieved a settlement for a client with CRPS who had their benefits cut-off after attempting to return to part-time work. Inclusive of $130,000 in punitive damages.

Settlement

Long-Term Disability

$440K

We successfully negotiated a larger settlement for our client, including $100,000 in punitive damages, after an insurer claimed their partial paralysis did not qualify for benefits due to wrongful surveillance.

Settlement

Long-Term Disability

$420K

We sucessfully obtained a settlement for a client whose benefits were denied due to their insurer’s misinterpretation of their own medical reports. This included $100,000 in punitive damages.

View More Results

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.

Long-Term Disability Appeals

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 E-Book

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.

I’m Approaching Change of Definition

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 E-Book

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.

Denied Long-Term Disability Benefits

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 E-Book

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.

Applying for Long-Term Disability Benefits

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
Download Our E-Book

long-term disability FAQs

Here are some commonly asked questions for long-term disability claims

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.

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.

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.

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.

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.

No, our long-term disability lawyers are solely committed to protecting the rights of policyholders who have been unfairly treated by insurance providers.

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.

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.

Read More FAQs

Got more questions?

If you have more questions or need legal help regarding long-term disability claims, contact our legal team for help.

We’re happy to help.

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