Long-Term Disability Lawyers Airdrie
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Life happens; at any moment, you can badly injure yourself or develop a serious illness. Unfortunately, these incidents can prevent you from working and impact your ability to earn a living. You may wonder how you’ll keep paying your bills and support your loved ones. Fortunately, you may have an income replacement through long-term disability benefits, which can protect you from financial hardships if you cannot work.
Applying for long-term disability benefits isn’t always easy, as claims often get rejected. If you are denied benefits after becoming disabled and unable to work, contact our Airdrie long-term disability lawyers for a free initial consultation. We may be able to help you fight for the support that you need.
What Are Long-Term Disability Benefits?
Long-term disability policies offer partial income replacement when a long-lasting medical condition stops you from working. These benefits are usually available when other benefits such as short-term disability and sick leave have been used up.
Long-term disability benefits are often provided through an employer’s group insurance plan but can also be purchased privately from an insurance broker. If you have access through your employer, then your employer is likely paying the premiums.
The amount you may potentially receive through benefits varies depending on the plan. Some will give you a fixed amount, while others provide a percentage of your income (usually between 60-70%). Some will provide a combination of the two. For instance, a plan will pay up to 65% of your monthly salary, up to a maximum of $2,500.
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What Is the Difference Between Short-Term Disability and Long-term Disability?
Short-term disability helps those who cannot work due to a sickness or injury. Usually, it lasts for up to three to six months. In many cases, short-term disability replaces around 70% of your income.
Long-term disability, on the other hand, is for those who can’t work due to a disability for a longer period. The length of time these benefits are paid varies. Some plans will pay for a fixed number of years, while others stop paying when you reach a certain age, 65 in some cases. Long-term disability benefits also have a longer waiting period, typically around three to six months. If you have short-term benefits, those can be used during the waiting period.
Who Can Apply for Long-Term Disability Benefits?
To apply for long-term disability benefits, you must be enrolled in a disability plan. You are also only eligible to apply if you are outside the probation period, which is usually the first few months. The terms on this probation will often state that certain types of illnesses or injuries that cannot be claimed during the probation period.
Qualifying for benefits requires you to be “totally disabled” from working. This phrase can be misleading. You or your doctor may think “totally disabled” means something like being completely paralyzed. This, however, is not always the case. While most insurance providers have their own definition of “totally disabled,” typically, it means mostly or entirely unable to work.
Long-term disability insurance providers often use two main tests to see if you are disabled from working. The first is the “own occupation” test, which is used during the first two years when the benefits are provided. The second is the “any occupation” test, which applies after the two-year mark until age 65 (or older).
The “own occupation” test assesses whether a disability limits your ability to work in your current occupation, whereas the “any occupation” test assesses whether a disability limits your ability to work in any occupation that you may normally be qualified for.
Every policy has specific conditions and rules to qualify for long-term disability benefits. Always check your plan before you apply. If you are unsure, reach out to our long-term disability lawyers for a free initial consultation.
Types of Disabilities That Could Qualify for a Long-Term Disability Claim
Many types of conditions can qualify for long-term disability benefits, including, contrary to popular belief, mental illnesses, which make up around 30% of disability claims.
Some common conditions that are covered under long-term disability policies are:
- Cancer
- AIDS/HIV
- Depression
- Anxiety and panic attacks
- Neurological disorders such as Fibromyalgia
- Lyme disease
- Post-traumatic stress disorder (PTSD)
- Chronic pain
- Crohn’s disease
- Bipolar disorder
- Psychiatric disorders
- Multiple Sclerosis
- Autoimmune disorders such as lupus and rheumatoid arthritis
- Back issues such as sciatica and herniated discs
- Head injuries
- Migraines
- Asthma and other breathing conditions
- And more
When making a long-term disability claim, you need to prove that you can’t work due to your condition. If you are denied long-term disability benefits because of the type of medical condition you have, reach out to our firm. We can help you evaluate your records to understand if you qualify for long-term disability and why your claim was denied. Call for a free initial consultation today.
Common Reasons for Denials of Long-Term Disability Benefits
Long-term disability benefits can be a much-needed lifeline for those who cannot work. After submitting all the required information, you may receive a denial from your insurer. It’s important that you read your rejection letter carefully to completely understand the reason for the denial. Some common reasons insurance companies give when rejecting a claim are:
- Your insurer does not think you are “totally disabled”
- The insurer does not agree with your doctor’s findings
- You did not provide enough evidence to support your claim
- There is no precise diagnosis for your disability
- Your insurer thinks you’re able to work in another position
- You have a pre-existing condition
- You didn’t apply for long-term disability on time
- And more
We are here to support you when an insurance company denies your claim. Many of our long-term disability lawyers previously worked in the insurance industry and know what tactics adjusters use to deny claims. If you were denied long-term disability benefits and are unable to work, reach out to schedule a free initial consultation.
How Our Airdrie Long-Term Disability Lawyers Can Help You
Our long-term disability lawyers understand the difficulty that comes along with chronic illnesses and injuries. Having a disabling medical condition that stops you from working is already difficult, and dealing with a long-term disability denial is even more so. Our Airdrie long-term disability lawyers are here to support you by holding insurance companies accountable. We have years of experience making long-term disability appeals and are familiar with the complex area of disability law. Reach out for a free initial consultation today. 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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