Toronto Long-Term Disability Lawyers
When an injury or illness leaves you unable to work, you should have support to fall back on. Long-term disability (LTD) insurance provides income replacement for individuals unable to work due to a disability. While long-term disability benefits are available through various avenues in Ontario, insurance claims can be complex and difficult to navigate. Many Toronto residents face issues with their cases, such as denials, delays, medical disputes, and more.
Our experienced Toronto long-term disability lawyers can assist individuals seeking long-term disability benefits while they’re unable to work. With years of experience handling denials, delays, appeals, and civil claims for our clients, you can feel confident with our legal team at Goodman Elbassiouni LLP on your side. To speak about your situation with our long-term disability lawyers in Toronto, call our office at 905-265-1005 or fill out our online contact form now.
How Does Long-Term Disability Insurance Work in Ontario?
LTD coverage may be available to you through multiple channels. These include:
- Group insurance plans through employers
- Private individual policies
- Federal and provincial benefits, such as Canada Pension Plan Disability (CPPD) or the Ontario Disability Support Program (ODSP)
To qualify for LTD benefits, you must meet certain criteria. Although conditions will depend on your specific policy, LTD is generally available to covered individuals who can prove that they have a “total disability”. This means that their disability prevents them performing their own occupation and, eventually, any occupation for which they are reasonably suited. In addition, you must usually wait until a designated “elimination period” has elapsed before you may start receiving income replacement benefits. For example, your policy may require that you use up all the short-term disability or EI sick benefits that are available to you before you qualify for LTD.
Benefits are typically calculated as a percentage of your pre-disability income. In Ontario, individual LTD policies may offer claimants anywhere from 40% to 70% of their original income. It is important to note that the duration of your benefits will depend on your policy and the disability in question. While certain plans might allow payments to continue for 2, 5, or 10 years, some individuals may be eligible to continue receiving benefits up until the age of 65.
Many different types of disabilities may qualify for LTD coverage in Toronto. You may be entitled to bring a claim for any injury or illness so long as you can prove that it has significantly affected your ability to participate in gainful employment.
Common conditions covered in LTD claims include, but are not limited to:
- Anxiety and depression
- Post-traumatic stress disorder (PTSD)
- Personality disorders
- Additional mental health conditions
- Chronic pain and chronic stress
- Chronic illnesses, such as fibromyalgia, Multiuple Sclerosis (MS), or long COVID
- Back injuries
- Traumatic Brain Injuries (TBIs)
- And more
An integral part of your LTD claim will be the medical evidence and attending physician statements you are able to provide in support of your case.
How Our Lawyers Can Help With Your Long-Term Disability Claim in Toronto
Although long-term disability benefits can be a life-saving resource for individuals when they’re unable to work, insurance companies can deny, delay, or terminate coverage. If this has happened to you, you may still have options to continue pursuing coverage. At Goodman Elbassiouni LLP, our Toronto long-term disability lawyers help clients throughout every stage of the LTD process so they can feel confident about their claim.
At our firm, we can assist with:
- LTD Claims & Applications: Filing insurance claims can be complex. It is extremely important that you submit all required documentation correctly and on-time when you’re applying for benefits. If you do not provide sufficient medical proof of your disability, fill out your application forms correctly, or submit your claim within specified deadlines, your right to benefits may be jeopardized. At Goodman Elbassiouni LLP, we will help you assess the severity of your disability, ensure you have all the medical documentation you need, and make sure you meet all important timelines.
- Filing Appeals: Sometimes, insurance companies deny or terminate claimants’ benefits. They may provide many reasons for doing so, such as insufficient medical documentation, change of definition, missed deadlines, pre-existing condition clauses, policy exclusions, and more. When this happens, you will have an opportunity to file an internal appeal with your provider. Our Toronto long-term disability lawyers will analyze the denial letter you receive and help you develop a robust response so that you have the opportunity to file a strong appeal.
- Long-Term Disability Lawsuit: When insurance companies wrongfully deny, delay, or terminate benefits, you may have the right to file a legal claim (or a lawsuit) against them. Our lawyers at Goodman Elbassiouni LLP can identify the harmful ways the denial has affected your life to help you pursue financial compensation. We’ll handle every aspect of the legal process, from filing the initial claim to gathering evidence, settlement negotiations, and representation in court, if necessary.
Don’t deal with your insurance company alone. Our compassionate, client-focused lawyers are committed to helping injured individuals pursue the benefits they need when they need them most. To discuss your situation and your legal options, schedule a case review with our long-term disability lawyers in Toronto today.
Long-Term Disability Benefits in Toronto: Frequently Asked Questions
Can my insurer cut off my benefits after 2 years?
In many long-term disability policies, there will be a “change of definition” condition. In these cases, claimants must be able to prove that they are unable to perform any occupation, instead of just their own occupation, after receiving LTD benefits for a certain period of time. In many policies, this period is generally 2 years.
If you are unable to prove that you cannot participate in any gainful employment for which you are reasonably suited, your insurer may attempt to cut off your benefits. If this happens but you still need coverage, you should contact a long-term disability lawyer as soon as possible. They will be able to respond to your insurers termination by assembling additional medical evidence to prove the severity of your condition.
Can I work part-time while receiving LTD benefits?
Whether you are able to continue part-time employment while receiving LTD benefits will depend on your specific circumstances and policy. Some LTD policies allow beneficiaries to return to work on a part-time basis, although the income you earn will be combined with your monthly disability benefit to determine whether you still qualify. If the combination of your part-time income and your long-term disability benefits results in higher total earnings than your pre-disability income, your benefits may be reduced or terminated.
If you are unsure about whether you can return to work, you should speak with a Toronto LTD lawyer. They will be able to review the specific terms of your policy to determine whether you are eligible to continue working. In addition, if your insurer attempts to cut-off your benefits wrongfully, your lawyer will be able to help you argue against the negative decision.
How much does it cost to hire an LTD lawyer in Toronto?
At Goodman Elbassiouni LLP, our long-term disability lawyers in Toronto work on a contingency-fee basis. This means that our clients don’t pay any money to us unless we successfully recover compensation for them. As a result, your initial consultation with our lawyers will be completely free, and you won’t pay any fees throughout the legal process until your claim is resolved successfully.
Contact Our Toronto Long-Term Disability Lawyers Today
You shouldn’t have to deal with your insurance company alone. Although the denial or termination of benefits can be intimidating, it’s important to remember that you still have legal options available to you.
If you or a loved one requires assistance from a Toronto disability lawyer, contact our law firm today. At Goodman Elbassiouni LLP, we have decades of experience in handling short-term disability and long-term disability claims.