Long-Term Disability Lawyers Grande Prairie
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How Do You Apply for Long-Term Disability Benefits?
When your ability to work stops due to a serious injury or medical condition, your regular expenses like bills, rent, or mortgage payments do not. When Albertans find themselves in a situation like this, they need some form of income replacement to avoid financial hardship. Long-term disability insurance serves as an income replacement, with many plans covering 60%-70% of your income. You probably hope you’ll never need it, but it’s better to have it than not.
You can buy long-term disability insurance privately through an insurance broker. You may have access to it through your employer’s group insurance policy. If this is the case, your employer is likely paying the premium cost, but sometimes this cost is shared between the employer and the employee. The application process can vary depending on your insurance provider. You should familiarize yourself with your insurer’s policy to determine if you are eligible to receive long-term disability benefits.
You’ll need to obtain a copy of the necessary application form. Your human resources representative should have these on hand, but you can also reach out directly to your insurance company. Be aware of any deadlines for the application and make sure you’re not late with handing in any forms. It’s also vital that you’re completely honest on these forms and do not embellish any details regarding your injury or condition. The wording in these policies can be confusing, and the process can feel overwhelming at times. Consider reaching out to our Grande Prairie long-term disability lawyers today for a free initial consultation.
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How Do Pre-Existing Conditions Affect My Long-Term Disability Claim?
When applying for long-term disability insurance or reading up on your company’s policy, you may have a pre-existing medical condition on your mind already. Many insurers have also had this concern and have included provisions to address this in their policies. When reading your insurance company’s conditions, pay attention to see if your particular medical condition has been named.
Sometimes insurance companies will specify pre-existing medical conditions as grounds to exclude individuals from collecting long-term disability benefits. These potential exclusions can vary depending on the provider. Acquaint yourself with your insurance company’s terms and policies to determine what may be applicable for you.
What Type of Information is Needed for a Long-Term Disability Claim?
Long-term disability benefits don’t only cover physical medical issues. They can also cover mental health issues. In fact, in 2022, mental health disabilities were among the most common types. Here are a few medical issues that policies usually cover:
- Heart disease/issues
- Back problems
- Fibromyalgia
- Arthritis
- Lupus
- Cancer
- Lyme disease
- AIDS
- Migraines
- Chronic pain
- Crohn’s disease
- Multiple sclerosis
- Herniated discs
- Neurological disorders
- Post-traumatic stress disorder (PTSD)
- Bipolar mood disorder
- Depression
- Anxiety
- Panic attacks
- And more
Your insurance company will likely need suitable evidence that your injury or condition is preventing you from working. Each company has its own assessment process, but you will likely need to see your doctor(s) to have them complete the necessary documentation. The opinions of healthcare professionals are typically a vital element in this process. It may be helpful to keep detailed notes of any meeting or phone call you have regarding your disability claim. This may include doctors’ appointments and any discussions you have with insurance representatives. This process can be perplexing at times, so it may be strategic to organize your thoughts.
There may also be telephone interviews with a representative from your insurance company. They may also come and observe you in person to see what duties you’re capable of in your current occupation. The steps you go through may be different from what you might have previously heard from friends or coworkers who applied for LTD benefits. It’s important to be patient and participate in every step with your insurance company. The insurer will likely want you to demonstrate that you are unable to perform the duties for your own occupation. This is known as the “own occupation test.” After two years, they will likely want you to demonstrate that you are unable to work in any comparable occupation. This is known as the “any occupation test.”
This process can feel daunting, but you are not alone. Consider reaching out to our Grande Prairie long-term disability lawyers for a free initial consultation.
I’m a Unionized Employee. Will This Affect My Long-Term Disability Application?
Being in a union can affect how your long-term disability benefits are managed and how claims are disputed. This can vary heavily depending on the employer and the specific union itself. To fully educate yourself on how your union can affect these claims, it is best to familiarize yourself with your union’s collective bargaining agreement and your insurance company’s policies.
What if My Long-Term Disability Benefits Are Terminated Before or at the Two-Year Mark?
After you have submitted all the required information for your long-term disability claim, you may find yourself waiting as long as 8 weeks for a decision. There is no set timeline for the insurer to reach a decision, and you may be dealing with mounting expenses and your own recovery process in the meantime. Sometimes, all this waiting can result in a denial of your claim.
In other instances, your claim may be accepted, and you’ll start to receive benefits. Then, before or at the two-year mark, your insurer may terminate your benefits. There are several reasons why an insurer may deny your claim or terminate your benefits. Some of these reasons are:
- The insurance company has evidence that refutes your claim
- Your insurer does not believe you are “totally disabled”
- Your insurer disagrees with your doctor
- Your insurance company requested that you return to work, and you have not
- You have not been completing your treatment plan
- This covers only a few possible reasons and is not an exhaustive list
If your claim is denied or your benefits are terminated, it is important that you fully understand the reason. While one of the above reasons may be cited, there is a chance that you have received a wrongful denial. You may wish to dispute the decision because you may have no other options for income replacement while you are out of work. If you do plan on arguing your denial, it’s important to keep in mind that the insurance company likely has plenty of experience with claims like yours. It may be advantageous to have someone with similar experience negotiating on your behalf. Consider reaching out to our Grande Prairie long-term disability lawyers for a free initial consultation today.
Contact Our Grande Prairie Long-Term Disability Lawyers for a Free Initial Consultation Today.
Deciding whether to hire a lawyer to help dispute an LTD denial is a very personal choice and should not be taken lightly. It may be strategic to have someone on your side who is familiar with these types of claims as well as the tactics employed by different insurance companies. Call our Grande Prairie long-term disability lawyers today for a free initial consultation. And remember, you don’t pay unless we win.
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Commonly Asked long-term disability Questions
Here are our most asked questions on long-term disability claims.
What is long-term disability?
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.
Is there a time limit on when I can sue for long-term disability?
Yes. The Insurance Act, RSA 2000, sets a two-year limitation period that commences two years after the claims arise.
How much is my long-term disability case worth?
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.
What types of compensation can I claim in a long-term disability case?
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.
What are the common causes of disability?
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.
What are my options if my long-term disability claim is denied?
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.
What information is needed to support a long-term disability claim?
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.
When should a long-term disability lawyer be contacted?
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.
Can a mental illness be considered a long-term disability?
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.
How is the Canada Pension Plan Disability different than a long-term disability?
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.
How is short-term disability different than long-term disability?
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.
Do pre-existing conditions impact long-term disability claims?
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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