If you’ve been denied long term disability benefits our Hamilton disability lawyers can help. Matt Lalande has been litigating disability cases for claimants province-wide since 2003. We understand that being denied long-term disability benefits can send a claimant and his or her family rocketing into debt – and put into an aggravating position that causes finanical distress.
If you or a family member has had your disability benefits denied call us today. Our Hamilton disability lawyers have represented disability claimants against every major disability insurance company throughout the Province.
Typically disability policies are purchased by an individual or be part of a group employment package that is negotiated between employer and broker. Premiums are paid in one of three ways, by the policyholder individually, the employer solely or the employer and employee.
There is usually a qualifying or elimination period, which can range from 90 to 180 days, during which no benefits are paid but the person may cover their lost wages by drawing on an STD policy, EI or government sickness benefits, which may provide an additional 15 weeks of sick benefits. STD policies are sometimes paid for by your employer and cover income replacement for the first 120 days of injury or illness.
A long-term disability policy generally pays a portion of your usual salary or income as a monthly benefit until you:
Some policies only pay for a defined period (such as 5, 10 or 15 years). Other policies cover the person for life.
In order to qualify for long-term disability benefits you must satisfy the definition of “total disability” as set out in your long-term disability policy.
The definition of “todal disability” varies from policy to policy and impacts the level of coverage available. Typically the definition of total disability differs between pre and post 24 months of disability.
For the first 24 months, the definition of total disability generally means that you are unable to work or, more specifically, unable to carry out the substantial duties f the individual’s usual job.
After 24 months there is typically a “Change of Definition” – meaning the test for total disability changes from your own occupation to any occupation. This change of definition requires you to be disabled from performing any occupation for which you are reasonably suited by reason of education, training or experience.
There are a variety of reasons why an LTD claim may be denied or terminated:
If you have been denied long-term disability benefits we can help. We have successfully represented disability claimants who have suffered;
We’re here to help. Contact us confidentially at (289) 203-5991 or by filling in a contact form today.
If you've been terminated we can help ensure that you are paid the appropriate amount of severance that is owed to you.
Our Hamilton Employment Lawyers are able to help employers of all sizes - from small businesses to large corporations.
If you feel that you have been unfairly or wrongfully terminated, it’s vital that you act quickly to seek legal advice. Call us today.