Long-Term Disability Lawyers Red Deer
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When an injury or illness leaves you unable to work for extended periods of time, you may be left facing serious financial repercussions. Your income stops, your expenses continue to pile up, and your focus often shifts from your career and family to managing your new symptoms and dealing with insurance companies. Long-term disability (LTD) benefits are meant to provide you with financial support during this difficult time. However, too often, claims are unfairly denied, delayed, or terminated by insurance companies.
At Preszler Injury Lawyers, our Red Deer long-term disability lawyers understand how overwhelming the LTD process can be. Whether you’re applying for benefits for the first time or challenging an unjust denial, our legal team can advocate for your rights and help you pursue the benefits you deserve.
We offer free initial consultations and work on a contingency-fee basis. That means you don’t pay unless we win. Call 1-888-494-7191 to speak with an LTD lawyer in Red Deer, or fill out our online contact form now.
What Are Long-Term Disability Benefits and Why Are They Important?
An unexpected injury or steadily advancing illness can interrupt your life and your capacity to work. Findings from 2022 show that 27% of Canadians aged 15 years or older had one or more disabilities that limited their daily activities. Your income may be halted, but your bills and daily expenses will continue. Long-term disability insurance provides income replacement to you and your family when you are unable to work due to an illness or injury.
For some, long-term disability insurance may be one of the only resources available for income replacement. Depending on the policy, LTD benefits may cover anywhere from 40-70% of your pre-disability income. In addition, benefits may be taxable or non-taxable depending on who pays the premiums (you or your employer)
LTD policies and claims can be difficult to understand. If you are struggling with your claim, you can schedule a free initial consultation with our Red Deer long-term disability lawyers.
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How Do You Apply for Long-Term Disability Benefits in Red Deer?
Each insurance policy has its own terms and conditions. It is vital that you understand your company’s policies and criteria for long-term disability benefits before submitting your application. You should also attempt to pursue other potential resources before submitting a long-term disability claim, such as short-term disability or EI (Employment Insurance).
While the application process can vary depending on the insurance provider, these are some steps you may have to take:
- Obtain a Copy of your Application Form: Your human resources representative can likely provide you with the documents you’ll need to get started. You also have the option of reaching out directly to the insurance company. The course of action you take here may depend on whether your LTD policy is sponsored by your employer or private.
- Speak with your Healthcare Provider: You will likely need to obtain medical documentation for your LTD claim. Without medical support, it can be more difficult to get approved. You will also need to encourage your healthcare provider to complete their section of the application form in a timely manner.
- Submit your Portion of the Application: There will likely be a section of your application documents that you are required to fill in. Be aware of any application deadlines and make sure to provide all of the requested information. Leaving anything out can potentially slow the process and cause you to wait longer for your benefits.
- Participate in your Insurance Company’s Assessment: Your insurance provider will likely require that you be assessed by a medical provider selected by an adjuster/the company. Each case is unique, and the sooner the assessment is completed, the sooner a decision can be reached.
- And more
Navigating long-term disability benefits applications can feel daunting and overwhelming at times. The wording can be confusing and difficult to understand. Many people struggle with this process every day. Consider scheduling a free initial consultation with our Red Deer long-term disability lawyers and let us help you on this path.
How Do I Know if I’m Eligible for a Long-Term Disability Claim?
You may be wondering if long-term disability policies only apply to physical illnesses or injuries. People with severe mental health issues can also qualify for long-term disability benefits. In fact, the prevalence of mental health-related disabilities increased from 2017 to 2022. Be sure to review your company’s specific policies and terms to be certain that you are eligible for LTD benefits.
Some medical issues that frequently meet insurance policy requirements include:
- Arthritis
- Musculoskeletal injuries
- Chronic pain
- Cancer
- Migraines
- Neurological disorders
- Fibromyalgia
- Heart disease or conditions
- Back problems
- Crohn’s Disease
- Multiple sclerosis
- Bipolar mood disorder
- Herniated discs
- Lupus
- Lyme disease
- Post-traumatic stress disorder (PTSD)
- Psychological disorders
- Depression
- Anxiety
- And more
Normally, if you are unable to complete all or a significant amount of the duties that are required at your current job, then you will likely qualify for long-term disability benefits. You may need to provide medical evidence of your condition and demonstrate how your ailment prevents you from working. This may involve your own doctor filling out a form on your behalf, but your insurance provider may request an examination by a doctor of their choosing.
Your policy may require you to demonstrate that not only are you unable to work your current job, but also any other job that you may be qualified for based on your education and experience. These two tests are known as “own occupation” benefits and “any occupation” benefits.
For the first two years after your claim, you may be eligible to receive benefits if you’re unable to complete the requirements of your own occupation. After two years, you may be required to prove that you cannot work in other occupations you are qualified for that are comparable. Consult your policy to see what applies to your situation.
What Are Common Reasons That Long-Term Disability Benefits Are Denied in Red Deer?
An insurance company may deny your long-term disability claim for a multitude of reasons. A denial may also come after a long waiting period. For long-term disability benefits, you may find yourself waiting for 3-8 weeks, although this can vary from case to case.
Be aware that there is no set deadline or timeline for insurance companies to reach their final decision. Sometimes a denial can involve a straightforward solution, such as providing the needed documentation or filling in missing sections of the application. At other times, the situation may be more complex.
Here are some typical reasons insurance companies deny LTD claims:
- Your insurer believes you are lacking supporting medical documents and/or objective medical documentation that proves you are no longer able to work
- Your insurer thinks there is no diagnosis for your disability
- You have not followed the instructions provided to you by your doctor regarding reasonable treatments
- Your insurer believes you fall outside their definition of “totally disabled”
- Your application was too late
- An Independent Medical Examination (IME) from the insurance company finds that you are not disabled
- You are excluded from LTD benefits due to a pre-existing condition
- Evidence has surfaced that goes against your claim
- And more
If your initial claim is unsuccessful, don’t panic. The above reasons could potentially be unjustified denials that you may address through an appeal. With the help of an LTD lawyer, you can request a written explanation from your insurer, gather and review your documentation, and follow their internal appeal procedures to attempt to overturn the denial. A lawyer will also be able to help you determine whether litigation or a negotiated settlement is more appropriate for your case.
This process can be exasperating and discouraging, but remember that you are not alone. No one should be given the runaround by insurance companies, especially while dealing with a medical issue, physical injury, or mental health issue that has put you out of work.
Long-Term Disability Insurance in Red Deer: Frequently Asked Questions
How long can I receive LTD benefits for?
The amount of time you can receive LTD benefits for will depend on your specific policy and the severity of your disability. While some LTD policies may provide benefits for a specified period, such as 2, 5, or 10 years, other policies might cover claimants up until retirement age (typically 65).
Under some policies, coverage may only continue until a certain condition is met. For example, coverage may continue until:
- You are no longer considered “totally disabled” under your policy
- You return to work or reach a negotiated settlement
- Change of Definition occurs while you are receiving benefits
- And more
Can I work part-time while on LTD benefits?
Whether you are allowed to work part-time while also receiving LTD benefits will depend on your specific policy. Some plans allow for modified work or partial disability payments, while others don’t. It is recommended that you check your policy or consult with a lawyer before returning to work. This will ensure that your benefits are not prematurely terminated.
What is the Difference Between Short-Term Disability Insurance and Long-Term Disability Insurance?
If you are temporarily unable to work, short-term disability benefits can assist through wage replacement. This can remedy the financial burden you face while out of work and can prevent bills and expenses from accumulating. Usually, short-term disability policies only cover the first 120 days that you’re unable to work.
When your condition prevents you from working for a longer time period, a more permanent solution, such as long-term disability benefits, may be necessary. Even after providing significant proof regarding your need for long-term disability benefits, insurance companies may still deny your claim. If this happens, you may want to reach out to our Red Deer long-term disability lawyers for a free initial consultation.
Contact Our Red Deer Long-Term Disability Lawyers for a Free Consultation. We Are Here to Help.
If you have received a denial for long-term disability benefits, you may be feeling scared, overwhelmed, and hopeless. For many people in Alberta, this may be their only source of income while they deal with their injury or illness. Without access to these benefits, seriously injured people as well as those suffering from mental health issues may not be able to pay their rent or mortgage or other daily expenses.
The thought of taking on a large insurance company in a legal battle may feel unnerving. But Preszler Injury Lawyers is here to help. If you qualify to dispute the denial of your claim, our legal team may be able to help you recover compensation that you are owed. This may include money that has been lost due to the denial, such as interest on loans and damages due to the worsening of your condition.
To find out more about how our Red Deer long-term disability lawyers can help, reach out for a free initial consultation today. You can call our Red Deer office at 1-888-494-7191 or fill out our online case evaluation form.
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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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