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Long-Term Disability Lawyers Chestermere

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

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 What is Long-Term Disability Insurance?

There are times when a serious injury or medical condition can force you to take time off work. You may find that due to your condition, you are unable to complete all or a substantial number of your responsibilities at your current job. While your ability to work may stop, your bills and everyday expenses will not. This happens more often than you might think. In fact, nearly one-quarter of working-age adults had a disability in 2022. Long-term disability insurance can offer protection from financial hardship by paying you a portion of your income, which can be used to pay regular expenses such as utility bills or your rent or mortgage.

Long-term disability insurance is often available through your employer’s group insurance plan. You can also purchase LTD privately through an insurance broker. In situations involving a group insurance policy, the premiums can be paid by your employer. Recovering from a serious injury, medical condition, or mental health issue will likely require a significant amount of your time and energy. Long-term disability insurance allows you to focus your efforts on your recovery by stopping your expenses from piling up.

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How Can I Qualify for Long-Term Disability Insurance?

Eligibility requirements can vary depending on your insurance company’s policy and conditions. You should read your company’s terms and conditions to determine if you can receive long-term disability benefits. Usually, policies will cover most injuries or illnesses that prevent you from working. Some policies may exclude certain types of conditions. Your insurance company will likely have a thorough process to determine if you are eligible for LTD.

This test can vary from person to person and can depend on how much time has passed since your disability started. For many policies, you will be able to collect benefits for the first two years that you are unable to perform the duties of your own job. This is called the “own occupation test.” This may require medical evidence, a phone interview, and thorough documentation. After the first two years, you will likely need to demonstrate that you are unable to perform duties for any occupation that you would normally be qualified for, depending on your education and experience. This is known as the “any occupation test.”

If you are participating in your company’s assessment process, make sure you are submitting the required documents on time and that you are following any recommended treatment plan. You may find that your assessment is different from what you have previously heard from friends or coworkers. The insurance company typically treats each assessment as its own unique case, so do not let this alarm you. This process can feel overwhelming and confusing at times. Consider reaching out to our Chestermere long-term disability lawyers to schedule a free initial consultation.

What Are the Different Types of Disability Insurance?

Sometimes when you find yourself out of work due to an injury or medical condition, it may only be temporary. If you only need to miss a month or two of work to recover, then short-term disability insurance may be the best option. Normally, short-term disability policies will only cover you for about 120 days, but this number can vary depending on the provider. A temporary illness or condition can potentially continue and grow into a more long-term situation. In that case, long-term disability benefits may be necessary. LTD is a more permanent solution when you are unable to work.

Long-term disability benefits don’t stop at covering physical injuries or medical conditions. It can also help with mental health issues that cause you to stop working. Mental health disabilities were among the most common disability types in 2022. You should consult your insurance company’s policy to see what they cover, but conditions that often meet eligibility requirements include:

  • Heart conditions
  • Multiple Sclerosis
  • Chronic pain
  • Cancer
  • Arthritis
  • Fibromyalgia
  • Crohn’s disease
  • Back problems
  • Lupis
  • Post-traumatic stress disorder (PTSD)
  • Bipolar mood disorder
  • Psychological disorders
  • Panic attacks
  • Lyme disease
  • Herniated discs
  • Neurological disorders
  • Anxiety
  • Depression
  • And more

Your healthcare provider will likely need to hand in documentation that demonstrates how your ailment prevents you from working. Your insurance provider may also request that you are examined by a medical professional of their choosing. After submitting all the necessary information, you may find yourself waiting up to 8 weeks for a decision. There are no set timelines or deadlines for insurance providers to reach a decision. Even after providing adequate proof of your condition, your insurance provider may deny your claim. If that happens, you may want to consider reaching out to our Chestermere long-term disability lawyers to schedule a free initial consultation.

Deciding whether a lawyer should help you with your long-term disability claim is a very personal choice and should not be taken lightly. You may find yourself in a situation where your insurance company has denied your LTD claim. It can be difficult to understand these denials, and they can happen for a variety of reasons. Some common reasons that long-term disability claims are denied are:

  • Your insurer does not agree with your doctor(s)
  • You have not followed directions for your treatment plan
  • Your insurance provider believes you can work in a different position
  • You did not fill out a form correctly, or some information is missing
  • Your insurer does not believe there is a diagnosis for your condition
  • You have a pre-existing condition that exempts you from collecting LTD benefits
  • Your insurance company does not consider you “totally disabled”

You could be facing a wrongful denial and may be eager to dispute your insurer’s decision. When dealing directly with an insurance company, you are negotiating with a company that likely has years of experience with cases like yours. It may be helpful to have someone on your side who has the necessary knowledge and experience with long-term disability claims. Our legal team may be able to help you recover benefits that were previously denied, as well as additional damages such as interest on loans that may have accumulated while you were unable to work. Reach out to our Chestermere long-term disability lawyers today.

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For many people in Alberta, long-term disability benefits may be their only option for income replacement when they are unable to work due to their condition. Dealing with a denial of these benefits can feel intimidating and discouraging. But our team is here to help. If you are eligible to dispute the denial of your claim, we may be able to recover compensation that you are owed.

Our Chestermere long-term disability lawyers are familiar with the strategies that are often used by insurance companies when negotiating these claims. Navigating this process is not easy, but you don’t have to do it alone. Reach out today for 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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