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Long-Term Disability Lawyers Fort Saskatchewan

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

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Understanding Long-Term Disability in Fort Saskatchewan

Long-term disability insurance is an income replacement for those who are unable to work due to a serious injury or long-lasting medical condition. Most long-term disability benefits replace between 60% to 70% of the income. Generally, long-term disability benefits start after other benefits, such as short-term disability or sick days, have been used up. Depending on the policy, long-term disability can last for several years or until you reach a certain age, usually 65.

The most common sources of long-term disability insurance are employer group disability plans, individually purchased policies, or government programs such as CPP disability. The specific requirements and coverage provided vary from plan to plan.  Each policy will also have its own set of rules that will outline what is required to qualify for long-term disability benefits. There will likely be an assessment whether you can work in your current position. This is known as the “own occupation test.” After two years, you will likely be assessed to see if you can work in any other job that you might normally be qualified for. This is known as the “any occupation test.”

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Applying for Long-Term Disability in Fort Saskatchewan

There are several steps involved in applying for long-term disability benefits. Detailed documentation and medical support are needed to make a claim. While the application process can vary depending on your insurance company, common steps include:

  1. Inform your employer you are unable to work: Do not quit your job because many long-term disability plans require you to be actively employed to qualify. Further, if your plan is through your employer, your benefits may be stopped if you quit. Let your employer know that you plan on making a claim; they may have some of the necessary forms to claim if your benefits are provided through a group plan.
  2. Complete the necessary application forms: The necessary forms will request specific information about your disability, employment history and job details, and the medical treatment provided.
  3. Collect medical evidence: Your insurance provider will likely require detailed medical records, including doctor’s notes, test results, and treatment plans, to support your claim. This evidence should illustrate the severity and impact of your disability and explain how it stops you from working.
  4. Submit your claim: Submit the completed application and supporting evidence to your insurance company. Remember to keep copies of everything you submit for your records.
  5. Follow up on your claim: After receiving all the requested information, the insurance company will assign an adjuster to review your application. They may ask for more information or further clarification. Follow up with your insurance company quickly and avoid any delays.

Conditions That Could Qualify for Long-Term Disability in Fort Saskatchewan

Many kinds of medical conditions can qualify for long-term disability benefits if they significantly limit your ability to work. Some common conditions include:

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

Reviewing the specific requirements to qualify for benefits is important as they may vary between insurance policies. Some policies may not provide coverage for certain conditions.

Common Reasons for Claim Denials

Receiving a denial for your long-term disability claim can be disheartening. Some common reasons claims are denied are:

  • Your insurance company believes there is no diagnosis for your issue
  • Your insurer disagrees with your doctors regarding your disability
  • You are not “totally disabled” according to your insurance company
  • You are not following your treatment plan
  • You left out important information on your application form
  • Your application for long-term disability benefits was too late
  • You are excluded from receiving benefits because of a pre-existing condition

Steps to Take After Your LTD Claim is Denied

You may still be able to receive benefits even if your claim is denied. Insurance companies will frequently deny even valid claims.

First, review the denial letter provided by your insurance company to understand the reasons for the decision. If you plan on disputing the decision, you should consider contacting a long-term disability lawyer. While the insurance company may have an internal appeal process, these are usually biased and are run by the insurance company. Speaking with a lawyer will help you understand your legal options, such as a lawsuit.

Filing a legal claim will allow you to claim not only the benefits you were owed but also interest on those benefits, compensation for the emotional distress you experienced and punitive damages. Schedule a free initial consultation with our long-term disability lawyers to gain a better understanding of your options after a denial.

How Our Fort Saskatchewan Long-Term Disability Lawyers Can Help with a Long-Term Disability Benefits Denial

Having your LTD claim be denied can be exhausting and overwhelming. A lawyer with experience in disability law can provide valuable help that reduces your burdens. Our law firm has dedicated its resources, knowledge, and skills to helping clients get fair treatment and the support they need. You are not alone, there are options available if you are denied benefits. Schedule a free case evaluation to see how our Fort Saskatchewan team can help you.

Do you live in Fort Saskatchewan? Here’s how we can help:

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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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