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Long-Term Disability Lawyers Canmore

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Speak with our Canmore long-term disability lawyers and get legal answers to your long-term disability questions.

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Long-term disability benefits are a vital source of support if you are unable to work because of a severe injury or illness. These benefits can help cover living expenses such as bills and rent when you cannot earn an income. The purpose of these benefits is to provide stability so you can focus on managing your health. Usually, a payment valued at around 60-70% of your income is made monthly. Depending on your policy, these payments may be available for a few years or until you reach a certain age (usually 65).

Navigating the long-term disability claims process in Canmore is tricky, and insurance companies often deny claims. Knowing your rights and the claims process is key to securing your benefits. A long-term disability lawyer may be able to help. Reach out today for a free initial consultation.

Medical Conditions That Could Qualify for Long-Term Disability Benefits

Despite common misconceptions, the type of disability that you have isn’t as important as the impact it has on your ability to work. The highest level of court in Canada has highlighted that the diagnosis is less important than the impairment. When applying for long-term disability, it is important to demonstrate that your condition prevents you from working in your current occupation.

Many types of medical conditions can cause impairments that stop you from being able to work. Some common medical conditions include:

  • Crohn’s disease
  • Post-traumatic stress disorder (PTSD)
  • Back pain
  • Fibromyalgia
  • Herniated discs
  • Cancer
  • Migraines
  • Heart disease
  • Arthritis
  • Paralysis
  • Lyme disease
  • Lupus
  • Psychological disorders
  • Multiple sclerosis
  • Panic attacks
  • Bipolar mood disorder
  • Musculoskeletal injuries
  • Depression
  • Anxiety
  • Neurological disorders
  • And more

The level of impairment changes based on how long you are disabled and how long you receive benefits. During the first two years of receiving benefits, the insurance company will use the “own occupation test.” This test will assess your ability to work in your current profession. After the initial two years, your insurance company will likely assess if you can work in another occupation that you may normally be qualified for. This is known as the “any occupation test.” If your insurance provider believes that you are able to work in another position, they may terminate your benefits.

Contact our firm if your insurance company argues that you can work in another occupation despite evidence proving otherwise. Often, insurance companies will inaccurately assess your abilities. Contact our Canmore long-term disability lawyers today to schedule a free initial consultation.

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How to Apply for Long-term Disability Benefits in Canmore

Applying for long-term disability benefits requires careful consideration and planning. To apply for benefits, you must meet the definition of totally disabled. For most policies, this means having a medical condition that stops you from completing the essential functions of your job.

Once you and your doctor determine that your medical condition is severe enough that you are unable to work, you should apply for benefits. Do not quit your job; most policies state that you must be actively employed to qualify. You should also inform your employer that you need to take medical leave.

You would first start your claim by getting the necessary application forms from your insurance company. If your benefits are provided through an employer group insurance plan, your employer or a human resources representative may also have copies of the application form. These forms will frequently ask about your disability, medical history, and employment details, such as job duties. Often, you will need forms filled out by your employer and doctor. Consult with both of them and review any completed documents to ensure accuracy.

You should submit these forms to your insurance company alongside supporting documentation that highlights the impact of your disability. Make sure to provide detailed medical records showing your medical condition’s progression.

If your claim is denied, contact our Canmore long-term disability lawyers. We can help you appeal your denial and fight for the benefits you need. A free initial consultation with our team is one call away.

Denial of Long-term Disability Claims in Canmore

Even though long-term disability benefits exist to protect those who cannot work, claims are often unfairly denied by insurance companies. Common reasons for a denial are:

  • Not enough medical proof: Companies often say there isn’t enough medical evidence supporting your condition. Your medical documentation must demonstrate how your condition prevents you from working.
  • You have a pre-existing condition: In some cases, a pre-existing condition may exclude you from collecting benefits. Carefully check your policy to see what may be applicable for you.
  • The condition was not adequately treated: Your insurance company may try to reject a claim if they feel that you did not follow doctor recommendations and their treatments.
  • Delayed application: You could risk a denial if you don’t submit your complete application on time. An insurance company is not required to review your application until it is fully complete and all requested information is provided.

It is essential to be mindful when submitting your application and speaking with your insurance company. If your claim is denied, you may still have options. Often, denial letters will outline appeal processes you can use. Our Canmore long-term disability lawyers may be able to help you appeal your claim and secure the benefits you deserve.

How Our Team of Long-Term Disability Lawyers in Canmore Can Help You

It can be quite emotionally taxing when a long-term disability claim is denied. However, you may still have options. Our legal team has substantive experience with claims like yours. If you are unable to work because of a disability, illness, or injury and your long-term disability claim is rejected, schedule a free, no-obligation consultation with our team. We can review your application and denial letter to help you understand your options. Because we are invested in your financial well-being, we operate on a fully contingency basis. This means that we only get paid if we win your case. Learn more about how our Canmore long-term disability lawyers can help you by scheduling a free initial consultation.

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Commonly Asked long-term disability Questions

Here are our most asked questions on long-term disability claims.

Long-term disability claims arise when you have disability insurance, either through your work or privately, that denies your claim after you have become disabled.

Yes. The Insurance Act, RSA 2000, sets a two-year limitation period that commences two years after the claims arise.

Long-term disability cases are several heads of damage that are assessed independently. First, there is the arrears or the past benefits that have not been paid. Next, there are potential future benefits. Finally, if a denial was made in bad faith, there may be extracontractual damages that can include aggravated damages or even punitive damages against the insurance company.

You can claim contractual damages for past benefits that should have been paid. In a settlement discussion, you can claim for future benefits that will be paid, but in a trial, you cannot make this claim. Finally, if the denial was in bad faith, you can make an extracontractual claim for aggravated damages and/or punitive damages.

The most common causes of disability are related to chronic pain and psychiatric disorders like anxiety or depression. However, there are many causes of disability, including:

  • Chronic pain;
  • Depression;
  • Anxiety;
  • Brain injury;
  • Stroke;
  • Heart attack;
  • Cancer;
  • Injury;
  • COVID;
  • Stroke;
  • Orthopaedic injury;
  • Paralysis;
  • And more.

The insurance company will provide you with options to appeal their decision. Keep in mind these appeal processes are usually created by the insurance company and adjudicated by the insurance company. And they do not stop the limitation period from running. Our lawyers will file a lawsuit instead and put the claim into the impartial realm of the court system.

Copies of your policy, the denial letter, and your medical records are generally needed to support your long-term disability claim. Our lawyers can work with you to determine what documents exist and how to collect them to make sure nothing is missing.

If you have been denied long-term disability benefits, it is time to contact a lawyer to discuss next steps. Our consultations are always free, and there is no obligation to sign up.

Yes. Mental illness is increasingly being recognized as a real and problematic cause of disability for a substantial percentage of the population. In addition, these ailments are often invisible. Because of that, insurance companies will suggest that you have not met your burden to prove your mental illness exists and is disabling to deny your claim.

The long-term disability claims we handle are from private long-term disability companies. Canada Pension Plan Disability is a statutory pension plan run by the Federal Government that you may or may not qualify for depending on your contributions to CPP and your injuries.

Short-term disability is similar to long-term disability but has a shorter waiting period to kick in and a shorter duration. Sometimes, the insurer or entity that pays short-term disability is different than the insurer that pays long-term disability. Since it is a different benefit, there is often some difference in the compensation formula between the two.

Sometimes yes. Long-term disability contracts are often set up to have an exclusion for pre-existing conditions. These exclusion clauses typically only apply if you become disabled within the first year of coverage on most group policies. However, it is very important to read the specific language of your insurance policy if you have become disabled from a long-standing or pre-existing ailment.

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