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Long-Term Disability Lawyers Lloydminster

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

Table of Contents

What Are Long-Term Disability Benefits?

If you have ever suffered a serious injury or medical condition, you know that the road to recovery can be a long one. Whatever that recovery may entail, many of us need a support system to make it through. During this recovery, you may not be able to work. While your ability to work and your income may pause, your daily expenses, such as bills and rent or mortgage, will not. The purpose of long-term disability insurance is to safeguard you from potential financial distress by providing income replacement. The coverage can vary depending on the provider, but usually it covers 60%-70% of your original income.

You have the option of buying long-term disability insurance privately, but it can also be accessed through your employer’s group disability insurance. Your employer may be paying the premiums, but at times, that cost can be shared between the employer and the employee. The wording for these policies can be confusing, and the process of applying benefits may feel daunting. If you have any questions, you may consider reaching out to our Lloydminster long-term disability lawyers today for a free initial consultation.

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Who Can Be Eligible for Long-Term Disability Benefits?

To determine if you are eligible for long-term disability, you should consult your insurance company’s policy and terms. Normally, these policies will cover any injury or medical condition that prevents you from working. This doesn’t limit you to physical issues, though. Mental health issues that may prevent you from going to work are also included. In fact, in 2022, the largest increase in the prevalence of disabilities among Canadians belonged to mental health-related disabilities.

The exact conditions covered can vary depending on the insurance company, but these are some common issues covered by most policies:

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

If you didn’t see your condition on this list, you should consult your insurance company’s policy. This is not an exhaustive list, and if you are suffering from an ailment that prevents you from working, you will likely be covered. Consider reaching out to our Lloydminster long-term disability lawyers for a free initial consultation.

Do I Need an Independent Medical Assessment to Receive Long-Term Disability Benefits?

The assessment process will be different depending on your insurance company. You should expect a thorough procedure to determine that your injury or medical issue prevents you from working. This will likely involve a visit to your doctor or multiple visits, even. Your healthcare provider will also likely need to submit documentation on your behalf. Your insurer may be satisfied with the opinion of your doctor, but occasionally, you may be required to be examined by a doctor of the company’s choosing.

You may also be asked to complete a telephone interview and other steps to determine that you are eligible. Be aware of any deadlines for certain documentation or applications. A representative of your insurance company could also visit you on the job as part of the process. This undertaking can feel invasive and formidable, but it’s important to cooperate with the insurance company to the best of your ability. The insurance company will likely want to determine that you are unable to perform the tasks of your current job. This is called the “own occupation test.”

Based on these findings, you may be paid LTD benefits for a certain period of time, typically two years. After this period has lapsed, your insurer will want to analyze if your condition prevents you from doing any other job you might usually be qualified for. This is known as the “any occupation test.” Navigating these steps is not always easy, but you are not alone. Consider reaching out to our Lloydminster long-term disability lawyers for a free initial consultation today.

What Are Some Reasons Why My Long-Term Disability Claim Might Be Denied?

After you have sent in all the necessary documents and forms for your long-term disability claim, you may find yourself waiting up to 8 weeks for a decision. There is no set deadline or timeline for your insurer to reach a decision. Unfortunately, you might be notified that your insurer is denying your claim. There are a variety of reasons why your claim may be denied.

These are some common reasons for claims being denied:

  • You are not considered “totally disabled” by your insurer
  • Your insurer does not agree with your doctors
  • You have gone against the recommendations of your treatment plan
  • You did not include all the requested information on your application
  • You have a pre-existing condition that excludes you from receiving LTD
  • Your application for LTD benefits was too late
  • Your insurer thinks there is no diagnosis for your disability

Some of these issues can be remedied easily, but others are more complex. Any one of these reasons could potentially be a wrongful denial, and you may wish to dispute the decision. In the meantime, your expenses may continue to mount without any income replacement. As you weigh your options, you may want to reach out to our Lloydminster long-term disability lawyers to schedule a free initial consultation.

What Types of Long-Term Disability Claims Can You Help With?

If you have received a denial for your long-term disability claim, you may be feeling discouraged and without hope. For many dealing with these issues, LTD may be their only option for income replacement. If you are considering disputing your claim, you should keep in mind that your insurance company likely has substantive experience dealing with claims like yours. It may be to your benefit to have someone negotiating on your behalf who has similar experience and is familiar with the tactics used by these companies.

If you have been denied your LTD claim but you are still unable to work, or if your benefits have been cut off at or before the two-year mark, we may potentially be able to help. We may also be able to obtain compensation to which you are entitled. This not only includes your benefits but possibly other expenses that have accrued while dealing with your claim. Reach out to our Lloydminster long-term disability lawyers for a free initial consultation today.

Our Lloydminster Long-Term Disability Lawyers Are Available for an Initial Free Consultation. Contact us Today.

The decision whether to hire a lawyer to assist with your long-term disability claim should not be made lightly. We fight on behalf of our clients’ best interests in an effort to ensure that they get the fair treatment they deserve. If your claim is eligible, we may be able to assist you. Call us today for a free initial consultation with our lawyers. 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.

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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