Long Term Disability Lawyer Mississauga

Building a Strong Claim

Your trusted legal representative will take the steps necessary to build a solid claim that highlights the degree to which your illness or injury is affecting your ability to work and to earn a living. Proving your medical condition will hinge on the available medical evidence, which will include your doctor’s input and reports. The more thorough the documentation, the stronger your claim will be.

Guiding You Through the Claims Process

Disability law requires specialized knowledge of insurance concepts and procedures, but your long term disability lawyer will ensure that you understand the process and are well prepared for what’s to come. Another important part of this is helping you avoid the kinds of mistakes that tend to damage long term disability insurance claims. For example, posting on social media while your claim is pending generally isn’t advisable.

Skillfully Negotiating with the Insurance Company

Your lawyer will do what it takes to prove that yours is a legitimate claim and will proceed to engage in robust negotiations with the long term disability insurer – in pursuit of the compensation to which you are entitled. Despite rigorous efforts, LTD claims are sometimes denied, and if that happens, you’ll turn to your determined long term disability lawyer to ably handle the process if they recommend proceeding through the internal appeal process.

If your seasoned lawyer isn’t able to reach a settlement with the disability insurance company, they will be well prepared and well positioned to fight for your rights and for your rightful compensation in court. Ultimately, the benefits associated with having focused legal representation on your side can be difficult to overstate.

Types of Long Term Disability Cases Our Lawyers Can Assist With

At Burn Tucker Lachaîne, we have a proven track record for successfully acting for a wide range of claimants with complicated LTD cases, and we welcome the opportunity to do the same for you. Your LTD case will be specific to you examples of claims we have handled include:

• Cases involving serious physical injuries, such as TBIs, spinal cord injuries, repetitive strain injuries and injuries following motor vehicle accidents
• Cases involving serious physical illnesses, such as diabetes, cancer, multiple sclerosis, rheumatoid arthritis and respiratory disorders
• Cases involving serious so-called silent illnesses that cause chronic pain, fatigue, or both, such as fibromyalgia, chronic fatigue syndrome and migraines
• Cases involving serious mental health conditions, such as depression, anxiety disorders, PTSD, and bipolar disorder,

LTD cases can also be classified according to the kind of policy involved. This includes personal or private policies that self-employed workers often purchase to cover themselves as well as group policies that employers carry for their employees. With a private policy, there is more flexibility built in, which allows you to purchase more comprehensive coverage, but the premiums tend to be higher. Group policies, on the other hand, tend to be more restrictive, but because the involved risk is spread across groups, the coverage is generally less costly.

There are also own occupation policies available that are designed to provide replacement income to people who work in unique professions, such as medical and legal professionals. These kinds of careers are often associated with higher earnings, and special purpose policies allow professionals in these fields to better address their coverage needs.

What Are Long Term Disability Benefits?

Long term disability benefits cover you if you suffer a serious injury or illness that keeps you off the job long-term or permanently. This is in marked contrast to short term disability insurance benefits, which – as the name suggests – cover you if an illness or injury interferes with your ability to work for a more limited duration. Often, LTD benefits come into play once short term benefits end.

Most LTD policies calculate benefit amounts at a specific percentage of the employee’s wages at the time they become disabled. Other policies will provide a basic benefit amount for all employees. The long term disability policy determines the amount payable.

The duration of your LTD benefits will depend on the policy itself. All benefits, however, end at the point that you’re able to return to work in a suitable occupation earning sufficient income. Depending on the policy in question, this can mean either being able to perform your former job or can mean being able to perform any job.

If your illness or injury prevents you from returning to work in whatever capacity that is outlined by your policy, your benefits will continue either according to a fixed term, such as 10 to 15 years, or until you reach the age of retirement at 65.

How to Apply for LTD Benefits in Mississauga

Applying for long term disability benefits begins with filing an application package, which must include an employment statement from you, your employer’s statement – if yours is a group disability insurance policy supplied by your employer – and your attending physician’s statement.

You’ll also need to include all the documentation necessary to prove that your injury or illness qualifies as a long term disability. Finally, you”ll need to follow all the administrative requirements set by the LTD insurance provider, which will almost certainly include filing deadlines that you’ll need to meet.

Each of these steps will play a key role in your application, and any errors or omissions could lead to a denial. By working closely with a savvy long term disability lawyer from the outset, you greatly improve your chances of a achieving a successful disability claim without having to go through the appeal process.

The Tests Employed for Benefit Approval

Long term disability policies employ different tests in order to determine eligibility for benefits. There are two basic definitions of disability used, and they each have a test that applies. One is the own occupation test, and the other is the any occupation test. Let’s take a closer look at each.

The Own Occupation Test

The own occupation test is designed to test your ability to perform the work duties associated with the job you were performing prior to becoming disabled. In the context of your disability claim, a finding of total disability means that – as a result of your medical condition and symptoms – you’re unable to perform the essential tasks associated with the occupation you held at the time you became disabled.

The Any Occupation Test

When the any occupation test applies, the definition of total disability means that due to the serious injury or illness you’ve suffered, you’re unable to perform the regular duties required by any job that you are either qualified for in terms of your education, training, or job skills or that you could become qualified for. The any occupation test raises the bar considerably and is far more challenging to reach.

The own occupation test applies to the initial period of your LTD benefits – as determined by the specific policy. It’s important to note that not all LTD policies include the own occupation test. Some, go directly to the any employment test, which translates to being more restrictive in terms of benefits.

What to Do If Your Benefits Have Been Cut Off or Denied

If your claim has been denied or your benefits have been cut off, it’s important not to panic. There are steps you can take to challenge the insurer’s decision, and your expert long term disability lawyer is standing by to help ensure that happens.

Some of the most important steps you can take if you’re facing a denial or if your benefits have been cut off include the following:

• Don’t accept the denial letter at face value. Insurance companies follow careful protocols in relation to LTD claims, but it’s not unusual for mistakes to happen. A denial is not necessarily set in stone.
• Don’t proceed without a reliable LTD lawyer backing you up. We know how to navigate the LTD claims process and there is no one better suited to making the adjustments in your claim that are necessary to oppose a denied claim.
• Carefully assess the documentation and reports that came from your attending doctor. Claim denials and the abrupt end of disability payments often come down to a disconnect between medical documentation and the reality of the situation. Your knowledgeable LTD lawyer has the legal insight necessary to help you obtain correct documentation.

The Role of a Long Term Disability Lawyer

Your diligent LTD lawyer’s primary role is fiercely advocating for the benefits that your injury or illness entitles you to, and this translates to building a solid case that is very well documented – making it difficult for the insurance provider to refute.

Additionally, your long term disability lawyer is there to support you, to guide you through the challenging claims process, to help you avoid the pitfalls that claimants often fall victim to. If you have questions or concerns, your compassionate long term disability lawyer is there for you.

Why Choose Our Disability Lawyers

The accomplished long term disability lawyers at Burn Tucker Lachaîne proudly serve Mississauga and take great pride in our proven ability to help guide even the most challenging LTD claims toward optimal outcomes, and we’re here for you too.

With more than thirty years of experience successfully harnessing our legal skill and drive in pursuit of maximum compensation for our clients, we’ve earned a reputation for skilled, dedicated advocacy, and this translates to better case resolutions for our clients.

Turn to Our Mississauga LTD Lawyers for Legal Support

The resourceful long term disability lawyers at Burn Tucker Lachaîne in Mississauga appreciate the serious challenges you face in relation to your long term disability, and we will spare no effort in our dedicated pursuit of a fair settlement that is in keeping with the LTD policy protecting you. Obtaining the financial support you deserve is paramount, and we are committed to skillfully championing your rights throughout the claims process and in your lawsuit. For more information about what we can do to help you, please don’t put off reaching out and contacting or calling us at 416-365-1223 to schedule a free initial consultation today.