What is Long Term Disability?
Long term disability coverage is a form of insurance that provides income replacement in the event that a physical or mental disability leaves you unable to work for three months or more. Long term disability insurance is intended to pay a monthly amount which will replace a portion of the income you would have earned on the job.
Most long term disability policies provide coverage until the age of 65 – or until the recipient is able to rejoin the workforce. The benefits you’ll receive from your insurance company will depend on the long term disability coverage which you or your employer purchased.
Long term disability insurance can be purchased individually, can be part of an employment benefit package, or can be purchased as special purpose policies that relate to specific professions. Working closely with a trusted Oakville long term disability lawyer from the outset can make a serious difference in the outcome of your claim and helps to ensure that you’ll receive fair compensation.
The Types of Long Term Disability Claims We Can Assist
At Burn Tucker Lachaîne, we dedicate our impressive practice to helping clients in every category of long term disability claim.
Physical Injuries
Physical injuries are injuries that physically interfere with your your ability to do your job. Prime examples include all the following:
- Musculoskeletal disorders, such as back pain, repetitive strain injuries, and joint injuries
- Orthopedic injuries, including fractures
- Neurological conditions, including traumatic brain injuries (TBIs) and spinal cord injuries
- Chronic pain
Chronic Illnesses
A chronic illness that keeps you off the job can also qualify for LTD benefits. These include conditions like the following:
- Autoimmune conditions related to widespread fatigue and pain, such as fibromyalgia, chronic fatigue, and rheumatoid arthritis
- Cardiovascular conditions like heart disease and stroke
- Cancer
- Diabetes
- Respiratory disorders
Mental Health Conditions
LTD insurance also addresses debilitating mental health conditions. Examples include PTSD, anxiety disorders, depression, bipolar disorder, and beyond.
Eligibility for Long Term Disability Benefits
Disability coverage is designed to replace lost income for those whose medical conditions prevent them from working for a significant amount of time. The condition itself can be the result of a serious illness, a hereditary condition, or an injury-causing accident, such as a car crash.
Eligibility for LTD benefits are determined in accordance with specific tests.
The Own Occupation Test
What’s called the own occupation test is used to establish eligibility for some policies. The own occupation definition of disability will be satisfied if you cannot continue working in the specific role you held prior to becoming disabled – or if you can continue working in your own occupation. This is of particular importance for those with highly specialized positions because their lost income is significantly higher.
The Any Occupation Test
The any occupation test will usually apply after 24 months and is satisfied if your disability prevents you from working altogether. This test takes your education, work experience, and job training into careful consideration in order to establish if you’re capable of engaging in any occupation. This definition of disability is harder to satisfy than the own occupation test because if you can perform a less physical or stressful occupation than your former position, you are no longer entitled to benefits from the insurer.
The eligibility test that’s used for your claim will be depend on the policy language and the length of time that you have been unable to work. A skilled Oakville long term disability lawyer can help you obtain the benefits that you deserve.
Common Reasons for Claim Denials
Making a successful LTD claim requires medical support, and denials are not uncommon. Disability insurers deny claims for a variety of reasons including:
- Lack of medical evidence (the insurer believes that you fail to meet the policy’s definition of disability)
- A pre-existing condition
- Failure to follow the treatment plan recommended by your doctor
- Failure to meet filing deadlines
- An independent medical examination which disputes your doctor’s opinion of your ability to work
- Failure to abide by the policy provisions
There are many reasons why an LTD claim might be denied. The important point to keep in mind, however, is that – if your seasoned long term disability lawyer believes in your claim – you don’t need to accept the insurer’s decision and can appeal or sue the company for the benefits you deserve.
Benefits of Working with a Long Term Disability Lawyer
Long term disability claims tend to be quite challenging, and the insurer hires lawyers who will defend the insurer’s decision and attempt to minimize your settlement. The benefits of working with a knowledgeable long term disability lawyer from the start are essential to obtaining a timely and fair result.
Expertise in Disability Law
Your LTD disability lawyer has years of experience and knowledge of how to dispute insurer’s decision, and this informs the work they’ll do on your behalf. This involves carefully reviewing the relevant medical evidence, filing an appeal if appropriate, starting a lawsuit and engaging in skilled negotiations with the insurance company.
Personalized Support and Guidance
Your LTD claim will be unique to you, and it calls for individualized support and guidance. Your long term disability lawyer will get to know you and understand your symptoms and work experience in their quest to provide you with the personalized help you need in order to bring a successful LTD claim.
Increased Chances of a Successful Claim
If you have a disability insurance claim, it’s important to understand that the journey forward toward the best outcome for you may not be a direct route. With an accomplished long term disability lawyer backing you up, however, your chances of bringing a successful claim are greatly enhanced.
The Role of a Long Term Disability Lawyer
Your long term disability lawyer will fill a key role in the claims process.
Claim Preparation and Submission
A critical component of your LTD claim is preparation and submission. The more effort you put into preparation, the stronger your claim will be and the more difficult it will be for the insurance company to deny it. Another primary concern is submitting all the necessary documentation, including medical reports and employment information, as well as carefully following all application instructions and ensuring timely compliance. These are important details that you can confidently leave in your savvy LTD lawyer’s capable hands.
Ongoing Support and Representation
Your long term disability lawyer will be there for you throughout the claims process, which includes from filing to finalization. If your claim does lead to a denial letter, it doesn’t mean that you have no other options – it simply means that you need your lawyer’s ongoing support and representation, and you can count on them being there for you.
Appeals Process and Reconsideration
If your claim has been denied, you may feel discouraged and intimidated by the appeals process. With a persuasive LTD lawyer in your corner, however, you can focus on your health and well-being while your legal representative skillfully readies your claim for reconsideration.
The claims process for long term disabilities is exacting, and while facing an appeal can be daunting, your long term disability lawyer is committed to resolving your claim favourably and has the experience and determination to help make that happen.
Why Choose Our Long Term Disability Lawyer in Oakville
If you have suffered a long term disability that has derailed your ability to work, the reliable long term disability lawyers at Burn Tucker Lachaîne in Oakville have earned an imposing reputation for successfully handling challenging claims like yours, and we welcome the opportunity to help you. For more information, please don’t wait to contact or call us at 613-917-0909 and schedule a free consultation today.
March 6, 2025 
