Expertise in Disability Law
The seasoned disability lawyers as Burn Tucker Lachaîne have successfully handled disability claims to resolution – whether that means skillfully negotiating favourable settlements or moving forward to trial. We will provide you with personalized advice and determine the best course of action for your unique claim.
To receive the compensation you need, you will need to present evidence and complete various forms which clearly support your disability. You will need to outline the symptoms of your medical condition and the impact it has on your day to day functioning and ability to work.
If the insurer denies your claim, the entire process of appealing the company’s decision and gathering support medical evidence can be overwhelming. We understand that it is hard to keep fighting after the insurance company denies your claim.
We are fierce advocates and committed to achieving the best resolution of our clients’ legitimate claims. Suffering a debilitating injury or illness is a life-altering experience, and we have the compassion and dedication to guide you through the legal system and claims process so that you can focus on treatment and recovery.
Types of Disability Claims We Have Successfully Resolved
We’ve helped hundreds of clients obtain the compensation they deserve in claims involving injuries and illnesses, including in each of the following categories:
- Traumatic brain injuries
- Neurological disorders
- Rheumatological conditions
- Cancer and continuing disability caused by cancer treatment
- Chronic pain
- Post Traumatic Stress Disorder, Anxiety, Depression and other Mental Health Conditions
The Statistics
Statistics Canada reports that, in 2022, pain-related disabilities were the most common type experienced by those in the working age population – at 63 percent. Ranking second are mental health claims at 46 percent. Those who experience one form of illness often suffer from concurrent disorders/conditions. For example, in 2022, 29 percent of Canadians with disabilities had one primary type of illness, while 37 percent had 2 or 3 types, and 34 percent had 4 or more types.
Regardless of the disability you are experiencing, we can provide you with skilled assistance to obtain the benefits to which you are entitled.
Eligibility for Long Term Disability Benefits
To qualify for long term disability benefits, you generally need to have group LTD coverage through your employer or have purchased a private disability income policy. You must be able to prove by providing sufficient medical evidence that you have an injury or illness that leaves you unable to perform the essential tasks required by your job.
Your disability will also need to prevent your from working throughout the policy’s elimination period (waiting period). If the insurer accepts your disability benefit claim, you will be paid after the end of the elimination period.
Common Causes for Disability Claim Denials
Long term disability insurance providers will scrutinize your claim and deny it if they conclude you have submitted insufficient medical evidence to satisfy the policy’s definition of disability. Other reasons that long term disability claims are denied in Cambridge include:
- The insurance provider concludes your disability is caused by a pre-existing condition and you have no coverage for the claim.
- The insurer believes that you have failed to follow your medical team’s instructions and advice.
- The insurance company takes the position that you have missed a filing deadline or failed to complete the forms correctly.
- Your claim may be terminated when the definition of disability changes from own occupation to any occupation.
It is important to seek the professional legal guidance of a lawyer who is experienced in disability law so that you can challenge the insurer’s decision.
When Do Long Term Disability Benefits get paid, and How Long Will They Last?
Long term disability benefits are not paid after a waiting period has occurred. The waiting period will be set out in the policy and will often be after the end of the short term disability period, or the completion of employer-sponsored sick leave. You may receive employment insurance sickness benefits during the waiting period – particularly if you have no short term disability coverage.
The duration of long term disability benefits can also vary. Some long term disability benefits may by payable to age 65 if you continue to satisfy the definition of disability. Other policies may provide that benefits will only be payable for a maximum benefit period (such as for a total of 5 years).
Many group insurance policies provide that benefits are payable for the first two years of disability as long as you cannot perform your own job or occupation. After the first two years, the definition may change so that benefits can continue only if you are unable to perform any job within the range of your education, training and experience. Many disability benefit claims will be terminated after the first two years that benefits are paid. These claims are commonly referred to as definition change terminations.
Additional Sources of Disability Benefits
In addition to long term disability benefits, some workers are eligible for Canada Pension Plan (CPP), benefits, which will provide some replacement income when they can’t work as a result of a disability. To qualify, there are two primary requirements that include having made sufficient contributions to the plan over the course of one’s career and being unable to regularly perform any job due to a severe and prolonged disability.
Why Hire an Experienced Disability Lawyer
You need to hire an experienced disability lawyer if you have an illness or injury prevents you from doing your job. Your Cambridge disability lawyer has extensive experience in legal actions and the disability insurance claims process. Your lawyer will be gather the medical evidence necessary to support your right to be paid disability insurance benefits.
Our lawyers will :
- Ensure that you understand your long term disability policy and what it means for you in your specific circumstances
- Gather the medical records which provide evidence of your inability to work
- Skillfully negotiate with the insurance company for payment of fair compensation
- Carefully consider and resolve any issues related to the benefit amount
- Ably handle the appeals process if you file an appeal
- Be well prepared to take your case to court if an appropriate settlement is not available
- Tackle any matters regarding compliance with policy terms relating to treatment or participation in mandatory rehabilitation while being paid by the insurer
- Carefully analyze the insurer’s position regarding any alleged pre-existing condition
Your ability to improve your quality of life after suffering a disability can hinge on how your long term disability claim is resolved, which makes it in your best interest to turn to a skilled LTD lawyer for the help you need early on.
Why Choose Our Cambridge Disability Lawyers
If you can no longer work due to a disability, seeking the financial security provided by your LTD benefits is essential. The long term disability lawyers at Burn Tucker Lachaîne have proven success handling challenging claims like yours. Disability claims are complex, and you need a skilled advocate to take on the insurance company and navigate the legal system for you. We are on your side, are here to help, and encourage you to contact us online or to give us a call at 519-340-0816 in order to schedule a free initial consultation and to learn more about what we can do for you today.
March 6, 2025 
