Wood Buffalo Long-Term Disability Lawyers
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Speak with our Wood Buffalo long-term disability lawyers and get legal answers to your long-term disability questions.
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Published: July 16, 2024 | Last Reviewed: September 10, 2026
A serious illness or injury can affect much more than your health. For people living and working in the Regional Municipality of Wood Buffalo, including Fort McMurray and surrounding communities, a disabling condition can also create serious financial pressure when it interferes with your ability to work. This may be especially concerning for workers in physically demanding industries, skilled trades, transportation, construction, energy, and other occupations common throughout northern Alberta.
If your condition prevents you from working, losing long-term disability benefits can put additional strain on you and your family at an already difficult time. Long shifts, rotational schedules, remote worksites, and physically demanding job duties can also make returning to work more complicated when you are dealing with pain, fatigue, mobility restrictions, mental health symptoms, or other functional limitations.
Our Wood Buffalo long-term disability lawyers help people in Fort McMurray and communities across the Wood Buffalo region who have had disability benefits denied or terminated by an insurance company. We can review the wording of your policy, the insurer’s reasons for its decision, your medical evidence, the demands of your occupation, and the deadlines that may apply to your claim.
If you are unsure what to do after an LTD denial or termination, contact Preszler Injury Lawyers for a free consultation. We assist long-term disability claimants throughout Wood Buffalo and across Alberta.
Key Takeaways About Long-Term Disability Claims In Wood Buffalo
- Long-term disability coverage is governed largely by the wording of the individual or group insurance policy. Definitions, waiting periods, exclusions, benefit amounts, and other requirements can differ between plans.
- Being diagnosed with an illness or injury does not automatically establish entitlement to LTD benefits. The evidence generally needs to show how your condition affects your ability to perform the work required under the policy’s definition of disability.
- Some LTD policies change their definition of disability after a specified period, commonly shifting from an “own occupation” test to an “any occupation” test.
- An insurer’s internal appeal process should not be assumed to extend or suspend a legal limitation period. Alberta’s Limitations Act establishes limitation rules for civil claims, although the calculation of a deadline depends on the circumstances.
- If benefits have been denied or terminated, speaking with a lawyer promptly can help you understand the policy, the insurer’s position, and the options that may be available.
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How The Definition Of Disability Can Change During An LTD Claim In Wood Buffalo
One of the most important provisions in an LTD insurance policy is its definition of disability.
Many policies initially assess whether your medical condition prevents you from performing the essential duties of your own occupation. After a period specified in the policy, the definition may change. The insurer may then consider whether you are capable of performing another occupation for which you are reasonably suited based on factors such as your education, training, and experience.
This transition is sometimes called the change of definition. It can become a significant point in an LTD claim because an insurer might accept that you cannot return to your previous position but argue that you can perform different work.
Our article about Alberta’s change of definition in long-term disability claims explains this issue in greater detail.
Whether an insurer is entitled to terminate benefits depends on the actual wording of the policy and the evidence available. A claimant’s diagnosis alone may not answer the question. Their symptoms, restrictions, limitations, education, employment experience, and realistic ability to perform another occupation can all be relevant.
Why Functional Evidence Matters In A Wood Buffalo LTD Claim
Medical records are an important part of an LTD claim, but insurers often look beyond the name of a diagnosis. They may assess what a claimant can and cannot actually do.
This can be particularly important for workers in Wood Buffalo and Fort McMurray whose occupations involve physically or mentally demanding duties. Depending on the job, relevant limitations could include difficulty standing for extended periods, lifting, concentrating, driving, working rotating shifts, using equipment, maintaining a regular schedule, or safely performing work in an industrial environment.
Evidence in a disability claim may therefore include treating physicians’ records, specialist reports, diagnostic testing, medication histories, rehabilitation records, descriptions of job duties, and assessments of functional capacity.
A functional capacity evaluation may be used in some claims to assess physical abilities and restrictions. The significance of any assessment depends on the circumstances and the policy.
Mental health conditions can also produce significant functional limitations even when they are not visible on an imaging scan or laboratory test. Consistent treatment records and information describing how symptoms affect work-related functioning can therefore be important in LTD claims involving depression, anxiety, PTSD, or other psychological conditions.
Returning To Work After A Long-Term Disability Claim In Wood Buffalo
An insurer may terminate LTD benefits because it believes you have improved enough to return to your previous job or another occupation.
That conclusion may be based on medical reviews, treatment records, rehabilitation reports, independent medical examinations, functional assessments, or other information collected during the claim.
A return-to-work dispute should be considered in light of the actual requirements of your occupation. Being capable of completing certain activities at home does not necessarily answer whether someone can reliably perform the essential duties of a job for a full workday or workweek.
For example, an employee may be able to perform an activity occasionally but still experience pain and suffering, fatigue, cognitive symptoms, medication side effects, or unpredictable flare-ups that interfere with regular attendance and productivity.
If an insurer has terminated your benefits because it believes you can return to work, our Wood Buffalo long-term disability lawyers can review the policy, medical information, occupational evidence, and the reasons given in the termination letter.
Internal Appeals And Legal Deadlines In Wood Buffalo, Alberta
A denial letter may give you an opportunity to submit additional evidence and request that the insurer reconsider its decision. The exact appeal procedure varies between insurers and policies.
An internal appeal is not the same as an independent court proceeding. The insurance company is reconsidering its own decision, and submitting an appeal should not be assumed to stop a legal limitation period from continuing to run.
Alberta’s Limitations Act contains the province’s general limitation rules. Determining when a limitation period begins and expires can depend on the facts of the particular dispute. Because missing a limitation period can have serious consequences, it can be useful to obtain legal advice promptly rather than waiting until all internal appeals have been exhausted.
Learn more about the process in our guide to the steps to take after an LTD claim is denied.
Frequently Asked Questions About Long-Term Disability In Wood Buffalo
Can An Insurance Company Stop My LTD Benefits After Two Years?
An insurer cannot terminate benefits simply because two years have passed unless the terms of the policy support that decision.
However, many LTD policies contain a change in the definition of disability around this stage of a claim. A policy might initially assess whether you can perform your own occupation and later assess whether you can perform another occupation for which you are reasonably suited.
The wording of your particular policy is critical. A lawyer can review the definition being applied and the evidence relied upon by the insurer.
Does My Employer Decide Whether I Qualify For Long-Term Disability?
Usually, an insurance company or plan administrator makes the decision about entitlement to insured LTD benefits, although an employer may provide occupational and employment information as part of the application.
For example, an insurer may request information about your job duties, hours, physical demands, income, and last day worked. The Government of Alberta’s public-service LTDI program, while not representative of every private policy, illustrates how disability plans can require employee, employer, and medical information when determining entitlement.
Your own insurance policy should be reviewed to determine who makes decisions and what information must be submitted.
Can I Be Denied LTD Because My Medical Tests Are Normal?
Potentially, but normal imaging or laboratory results do not necessarily mean that a person is capable of working.
Some disabling conditions may not be demonstrated through a single objective test. Chronic pain, migraine disorders, fibromyalgia, mental health disorders, and other conditions may require consideration of symptoms, clinical findings, treatment history, and functional limitations.
The central question is usually whether the available evidence meets the definition of disability contained in the policy.
What Happens If My Doctor Says I Cannot Work But The Insurer Disagrees?
A treating doctor’s opinion can be important, but insurers may obtain their own medical reviews or assessments and reach a different conclusion.
The disagreement may involve the diagnosis, severity of symptoms, treatment, restrictions, prognosis, or the relationship between your medical limitations and the requirements of your occupation.
When medical opinions conflict, reviewing the full evidentiary record and the wording of the policy can help identify why the insurer reached its decision and what evidence may be missing.
Can An Insurer Require Me To Attend A Medical Examination?
Some LTD policies require claimants to participate in medical examinations, assessments, treatment programs, or rehabilitation initiatives as a condition of continuing eligibility.
Whether a particular request is permitted and what obligations you have depend on the wording of your insurance contract. Before refusing an insurer’s request, consider obtaining legal advice about the potential effect on your benefits.
Can I Receive CPP Disability And Long-Term Disability At The Same Time?
It is possible to qualify for both, but many LTD policies contain provisions allowing the insurer to deduct or offset certain disability income received from other sources.
The federal government’s Canada Pension Plan disability benefit is separate from private long-term disability insurance and uses its own eligibility requirements.
Your LTD policy should explain whether CPP disability payments affect the amount payable by your insurer.
What Should I Bring To A Consultation With A Wood Buffalo Long-Term Disability Lawyer?
Useful documents can include your LTD insurance policy or benefits booklet, application forms, denial or termination letters, correspondence with the insurer, medical reports, information about your employment duties, and documents relating to any internal appeal.
Do not worry if you do not have every document. A lawyer can discuss what information may be important based on the circumstances of your claim.
Speak With Our Wood Buffalo Long-Term Disability Lawyers
A denied or terminated disability claim can affect your income at the same time that you are dealing with a serious medical condition. You do not have to determine what the insurance policy means or how to respond to the insurer without understanding your options.
Preszler Injury Lawyers can review your LTD policy, the insurer’s decision, relevant medical and occupational evidence, and the legal options that may be available. We serve clients throughout Wood Buffalo, Fort McMurray, and communities across Alberta.
If your long-term disability benefits have been denied or terminated, contact our Wood Buffalo long-term disability lawyers to discuss your situation during a free consultation.
Call 1-888-494-7191 or contact Preszler Injury Lawyers today.
Co-Authored by Joseph Fearon
Personal Injury Lawyer
Lawyer Joseph Fearon’s practice focuses on personal injury claims, including brain injury claims, complex motor vehicle accident claims, and claims with challenging liability scenarios.
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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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