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Long-Term Disability Lawyers Lethbridge

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

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What is Long-Term Disability?

Developing an illness or suffering a serious injury that prevents you from working is an unfortunate reality that many Albertans experience. Some medical conditions are so severe that you cannot complete your job duties and, therefore, are unable to earn a stable income. Long-term disability insurance serves as an income replacement to help protect you from financial instability.

Long-term disability benefits provide a payment covering a portion of your income. These payments are typically around 60-70% of your income. If approved for these benefits, the payments are available until a certain amount of time has passed, you reach a certain age, or you no longer meet the definition of being disabled. You can purchase long-term disability insurance privately through a broker or they may be available through your employer’s group disability insurance.

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Conditions That May Qualify You for Long-Term Disability

In Alberta, many medical conditions can qualify for long-term disability. Even mental health conditions can be eligible for long-term disability. Almost 30% of disability claims across Canada are due to mental health issues. When you apply for long-term disability, the key focus is whether your conditions cause a significant-enough impairment that you cannot work. Some categories and types of conditions that could be eligible for long-term disability include:

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

It is essential to review your policy to find out the type of coverage you have and if there are any exclusions. Specific policies may only cover disabilities arising from accidents, whereas others may include accidents and illnesses.

Issues with Claiming Long-Term Disability for Psychological Impairments

Mental health conditions can cause severe disabilities and can cause extreme difficulty in your everyday life. They can make it difficult to get out of bed, focus, concentrate, and interact with others.

Unfortunately, claims involving mental health conditions are frequently denied. Insurance companies will try to deny their existence because it is challenging to provide unmistakable proof of these illnesses, and there are no precise tests that doctors can use. Despite continuously seeking medical attention, getting treatment, and showing documentation, insurers may state there is not enough evidence for your claim.

Reach out to our Lethbridge long-term disability lawyers if your claim for disabling mental health conditions is denied. We may be able to assist. Schedule a free no-obligation consultation to learn more.

Importance of Medical Care

When facing illnesses, injuries, or medical conditions that stop you from working, the most important thing is recovering and getting treatment. Ideally, the goal is to get better and return to work. However, with certain conditions, that isn’t always possible.

When facing health challenges, you must seek medical attention immediately. Medical care will provide a paper trail that will help support your claim. Following a careful treatment plan will also demonstrate to your insurance company that you’re taking steps to mitigate your situation. Getting support from your doctor is critical in making a successful claim. If your doctor does not believe that your condition is severe enough to work, an insurance company may not approve your claim.

When you apply for disability benefits, you and your doctor will need to showcase that you have a disabling condition that reduces your functional ability to perform your job functions at the required level. It is not enough to have your doctor say that you are disabled. Your doctor must, in detail, explain why and how you are disabled.

If you are denied benefits or your benefits are stopped, reach out to our team to schedule a free initial consultation. Our Lethbridge long-term disability lawyers may be able to assist.

Options Available if Your Long-Term Disability Benefits are Denied

It can be discouraging when a long-term disability claim is rejected. You can provide thorough medical information, have your doctor’s support, and submit every form on time, but you may still be rejected. When an insurance company denies a claim, they may put you at risk of financial hardship.

You may be in a situation where your benefits are approved and then terminated after two years. When you are first assessed for LTD, insurance companies determine whether you can work your current job. This is called the “own occupation test.” After two years, they may want proof that you’re unable to work in any position. This is known as the “any occupation test.” If your claim is unreasonably denied or if your benefits are unfairly terminated, you may be able to take legal action against the insurance company.

Not only can you sue for your benefits to be accepted, but you can also sue for past unpaid benefits, interest on those unpaid benefits, emotional distress caused by the denial, damages for impact on your finances, and more. Our legal team has experience with claims like yours. Consider reaching out today to book a free initial consultation.

What Our Lethbridge Long-Term Disability Lawyers Can Do for You

When your long-term disability benefits are denied, you can engage in a lawsuit for your benefits. Unfortunately, our legal system can be challenging to navigate. This is where the skills and expertise of our firm come in. We have dedicated years of practice to helping clients with their claims. We understand the complex world of disability law and can use our knowledge to appeal your denial.

Our long-term disability lawyers can appreciate how difficult it can be to pay your bills and cover your expenses when your LTD benefits are denied or terminated. This is why we offer a free initial consultation and operate on a full contingency fee basis, meaning that you don’t pay our legal fees unless we win your case. If you are denied benefits, meet with our long-term disability lawyers today. Help may be one phone call away.

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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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