Long-Term Disability Lawyers Medicine Hat
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Long-Term Disability Benefits in Medicine Hat
If you are suffering from a serious medical condition or injury and are unable to work, you may be eligible to collect long-term disability benefits. These benefits act as an income replacement to help protect you from financial uncertainty. Your employer may provide disability benefits through a group insurance plan, or you may privately purchase disability insurance. Depending on your policy, you may be entitled to receive 60% to 70% of your income if you meet the eligibility criteria of your insurance company.
You should familiarize yourself with your provider’s long-term disability policy to see if your condition is covered. Usually, any medical issue or injury that prevents you from working should be included. Specific plans will outline which types of disabilities are covered and which are not. There are plans that only cover accidents, and there are often exclusions placed on the kind of accidents or injuries covered.
Another essential factor to consider when determining eligibility will be if you have suffered a workplace accident or have a pre-existing condition. Workplace accidents can also be subject to workplace compensation, which can impact the coverage you receive.
Pre-existing conditions can often be excluded from disability insurance. These exclusions will vary depending on the type of coverage and plan you have, but it is typical for plans to exclude conditions you recently received treatment for before enrolling in your plan.
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What is the Difference Between Short-Term Disability and Long-Term Disability?
The difference between short-term and long-term disability is the length of time they are available. Short-term disability is for those unable to work for a short period, usually 6 months or less. In these cases, 70% of your income is generally replaced. These benefits will kick in after a waiting period, which is usually when your sick days have been used up.
Long-term disability is for individuals who cannot work for extended periods. Plans are highly variable on how long these benefits will be paid. Plans may provide coverage for several years or until you reach a specific age. The waiting period is also usually longer with long-term disability and can be anywhere from 3-6 months.
Which Disabilities Qualify for Long-Term Disability Claims
It’s not just physical conditions that are covered under many LTD policies. Mental health issues are covered by many policies as well, accounting for nearly 30% of disability claims in Canada. Consult your insurance company’s policy to see if your condition is covered, but some issues frequently covered are:
- Arthritis
- Paralysis
- Lyme disease
- Migraines
- Crohn’s disease
- Neurological disorders
- Fibromyalgia
- Multiple sclerosis
- Herniated discs
- Psychological disorders
- Depression
- Anxiety
- Panic attacks
- Heart disease
- Cancer
- Back pain
- Lupus
- Post-traumatic stress disorder (PTSD)
- Musculoskeletal injuries
- Bipolar mood disorder
- And more
Your claim often depends on your ability to demonstrate that your condition prevents you from working. Consider reaching out to our Medicine Hat long-term disability lawyers to arrange a free initial consultation.
Applying for Long-Term Disability Benefits in Medicine Hat
While you should consult your insurance plan to see what your long-term disability benefits application will entail, some steps are common across different providers.
After determining your eligibility, you should consult a doctor regarding your impairment. Medical attention is one of the most critical steps in a long-term disability claim. Your doctor or treatment provider will work with you to determine the severity of your impairment and the impact on your ability to work. Gathering medical documents is an essential step in determining the success of your claim.
Long-term disability claims generally have three key components. An application form, reports from your doctor, and reports from your employer. These completed forms will have to be submitted to your insurance company and will explain your disability, your employment, and the details of your claim. A representative from your insurance company may conduct a phone interview and possibly an in-person assessment as well. Make sure to participate in every step of the evaluation. The sooner these steps are completed, the sooner your insurer can begin the decision-making process.
Why Your Benefits Claim May be Rejected
After going through a lengthy application process and providing adequate proof of your injury or medical condition, you may be waiting 8 weeks for a decision from your insurer. You may be struggling to keep your finances under control while you wait and in the end your claim could be denied. Receiving a denial can be unnerving and dispiriting. It’s important that you read your denial letter carefully to understand the reason for the decision. Some recurrent reasons that long-term disability benefits claims are denied are:
- There is no diagnosis for your disability
- You are not considered “totally disabled” by your insurer
- You have not been attending to your treatment plan
- Your insurance provider disagrees with your doctors
- You’re suffering from a pre-existing condition that excludes you from collecting benefits
- You were too late with your application for long-term disability benefits
How Our Medicine Hat Long-Term Disability Lawyers Can Help with Your Long-Term Disability Claim
When you cannot work due to an illness or injury, it can feel like your life has been turned upside down. Long-term disability benefits should be here to help you, and being rejected from a claim can only add more stress to your recovery. For many Medicine Hat locals, these benefits may be their only option for income replacement. If your claim is denied, you may want to dispute the decision.
Our legal team may be able to assist. We have significant experience with claims like yours and we are familiar with the tactics often used by insurance companies. If you are eligible to file a dispute, we may be able to help recover denied benefits plus additional costs such as interest on loans. To learn more, book a free initial consultation today.
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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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