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Long-Term Disability Lawyers Spruce Grove

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

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What is Long-Term Disability Insurance?

The absence of a stable income can make it challenging to pay for household expenses and support your family. Tragically, each year, many Albertans fall ill or get injured, rendering them unable to work. On average, over 27% of Canadians above the age of 15 have disabilities that restrict their daily lives, including their work capacity. The inability to work can be an overwhelming burden, which is why long-term disability insurance exists. These policies offer financial aid, allowing you to prioritize your health over your bills.

Regrettably, these policies are often run by for-profit insurance companies that will try to deny claims as much as possible to protect their pockets. It is common for even legitimate claims to be rejected. This is where the skills and experience of our Spruce Grove long-term disability lawyers, who have a proven track record of helping many clients successfully appeal denials, can help. If you or a loved one cannot work and are denied long-term disability benefits, schedule a free initial meeting with our team to learn more.

Long-term disability insurance is commonly available through your employer’s group disability insurance policy. If this is the case, your employer likely pays the premiums. Sometimes this cost can be covered by both an employer and an employee. You can also purchase this insurance privately through a broker.

Initially when your insurance company assesses your eligibility to receive long-term disability benefits, they will look for proof that you are unable to work in your current job. This is known as the “own occupation test.” If you do receive benefits, your insurance company may re-assess after two years to determine if you are able to work in any other job that you may be qualified for. This is known as the “any occupation test.” Keep in mind your insurance company will make a careful analysis to see if you qualify to receive benefits.

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What Conditions are Covered Under Long-Term Disability?

Some policies will place exclusions on certain conditions. For instance, certain policies may only cover disabilities caused by accidents but not illnesses, while others may not provide coverage for disabilities caused by certain actions, such as bungee jumping. Each policy has different rules and requirements, which is why it is important to check the terms and conditions of your policy. Most injuries or conditions that prevent you from working are covered under long-term disability insurance policies.

Despite certain restrictions that a policy may have, courts in Canada have stated that the diagnosed condition is not as important as the impairment caused. Some conditions frequently covered under long-term disability policies are:

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

As long as you can show that you have a medical condition that limits your ability to work, you should be eligible to apply for long-term disability. If your insurance provider denies your claim for long-term benefits, schedule a free initial consultation with our Spruce Grove long-term disability team.

The Role Your Doctor Plays in Your Long-Term Disability Claim

Your doctor will play a key role in your application. Without strong support from your doctor, your claim will likely be rejected. When you make a claim, your insurance company will ask for medical support that proves you cannot work.

When you apply, work closely with your doctor to ensure they provide detailed notes to your insurance company. Your doctor will need to specify how your condition prevents you from performing your job’s usual tasks and duties. You may need to follow up with your doctor to ensure you can submit your forms on time. It’s also vital that you follow the treatment plan recommended by your doctor. Your insurance provider will likely expect you to take steps to mitigate your situation as best you can.

Navigating a long-term disability benefits application can be overwhelming and confusing. You may be interested in reaching out to our Spruce Grove long-term disability lawyers to book a free initial consultation.

How Our Spruce Grove Long-Term Disability Team Can Help You with a Denial

Getting long-term disability benefits denied or stopped can be difficult and unfair. You may feel that you have no options left in your time of need. We are here to tell you that you are not alone. Our team of long-term disability lawyers is here to help. We aim to level the playing field between you and large insurance companies. We have years of experience in disability law and will use our resources to support your claim.

It can be difficult to dispute an insurance company’s decision on your own. Insurance companies have limitless resources and a team of lawyers skilled in disability law to fight your appeals. Often, these companies will take advantage of the situation and make the appeal process difficult. We have frequently seen insurance companies deny valid claims.

Once you hire us to start the appeal process, we will handle the communications and negotiations with the insurance company so you can focus on your recovery. We will look through the evidence and build a case to show where the insurance company had failed. By law, insurance companies must act in good faith, meaning they must act honestly and fairly. Denying a claim without justification would violate this obligation. We may be able to assist you. Schedule a free initial consultation with our long-term disability lawyers today.

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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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