NEED A LONG-TERM DISABILITY LAWYER IN TORONTO?

It depends. Many illnesses or injuries that prevent you from working for a prolonged period of time may qualify, but it depends on the plan you have in place. Physical illness or injury such as cardiovascular disorders, bodily injury, acquired brain injuries or cancer can leave you unable to work at your current job or any job. Mental illnesses such as major depression, PTSD, severe OCD or many others also qualify for long-term disability benefits.

The bottom line is, you must meet the definition of your policy.

It depends. Long-term disability benefits come into effect once you’ve already used up your short-term benefits. For instance, a short-term disability insurance plan or more commonly, Employment Insurance (EI) which you pay into every paycheque and is paid out by the government. After you’ve become disabled, there is typically a 90 to 120-day period which is called the elimination, waiting, or qualifying period before your long-term benefits come into effect.

Not many private policies exist. The percentages vary, and qualification dates vary. There is no standardized formula for this type of benefit. That’s why it’s very important to talk to a lawyer to properly understand your policy and what these different terms mean.

Fortunately, many employees have access to long-term disability insurance. Sometimes this insurance is automatically included through your employer via payroll, but other times it’s up to the individual to privately purchase their own long-term disability insurance from an insurance company or broker. This is especially important as more and more Canadians opt for freelance or self-employed jobs. While no one plans to fall ill for an extended period of time, long-term disability insurance is a crucial thing to have.

Firstly, it’s true that all disability benefit providers in Canada recognize depression as a disability. It’s a condition that can qualify for benefits. However, a diagnosis alone won’t qualify you. Ultimately, proving that depression or a mental health issue is keeping you from work can be difficult. Most providers focus on the severity of your symptoms and will consider previous, present and future medical treatment plans. They will also scrutinize how your symptoms affect your work and how hard you tried to keep working.

Keeping your documents in order and recording all necessary paperwork to assist your claim can go a long way in recovering long-term disability benefits. Nevertheless, a lot of individuals fear speaking out against their employer because they feel they will get fired – especially for depression. However, Canada’s human rights laws state that employers have a duty to help employees with medical conditions that affect their ability to work.

1. Inaccessible health records

Being able to access your medical records, as mentioned, is critical to successfully processing your long-term disability claim. If you’re somehow unable to get accurate, up-to-date records from your doctor and/or medical professional, insurance companies will either delay making a decision on your claim or they could flat out deny your claim or appeal based on a lack of evidence. At De Rose Lawyers, we advise our clients to make copies of all documents received and keep a log of dates in which they’ve visited their care provider.

2. Adequate employment options

It’s not uncommon for an insurance company to deny a disability claim or stop payments of benefits because they feel that you should be able to find work. Insurance companies can outsource rehabilitation experts or occupational therapists to determine if you’re capable of going back to work. They can also encourage you to go back to work on a part-time, or gradual basis. At times and in specific cases, we advise our clients to do that, even if unsuccessful. Saying you tried is better than saying you did nothing.

Moreover, another hurdle arises in situations where people are being laid off and have no job to return to. Lack of opportunity isn’t likely to help you become eligible for long-term disability or depression benefits. Again, this is where your doctor and medical records will come into play. Performing some sort of activity until a final diagnosis is reached can be beneficial in the final outcome of your claim.

3. Attending treatment sessions

In our experience, accessibility issues and transportation costs are one of the main reasons that clients are unable to meet their treatment goals. Even still, some offer videoconferences. Do your best to find medical professionals that offer more than in-person sessions — especially during COVID-19.

If you’re unable to work due to depression or disability, there are several types of depression benefits available.

1. Employment Insurance (EI) Sickness Benefits
2. Short-Term Disability Insurance
3. Long-Term Disability Insurance
4. Veterans Affairs Canada
5. Provincial Disability Benefits
6. Disability Tax Credit
7. CPP Disability
8. Workers’ Compensation

This is a form doctors don’t fully understand – MVA forms are standard and most doctors understand those. The first LTB application is incredibly important, and the medical report is critical. It must immediately meet the contractual obligations.

You have to contact your insurance and they will send you a form that must be filled out by a medical professional. It is EXTREMELY important that your medical professional understands why you cannot work. If the details aren’t filled out with specific details about why you can’t work, your claim may be denied.

That’s where we come into play. It’s important you contact us before you speak with your doctor. We can help you understand what obligations need to be met for your specific contract and how to properly talk to your doctor to get your forms filled out the way they need to be, before you submit them. If this is done improperly, you may be denied and will have to restart the process from the beginning or file an appeal.

You can’t afford to have a denial, and then contact a long-term disability lawyer. This will delay you from getting your coverage and leave you without income and higher medical expenses for much longer.

If your benefits have been denied, it’s very important that you get yourself a long-term disability lawyer.

Long-term disability insurance is meant to provide financial assistance to you in your time of need. When an insurance company wrongfully denies your claim, you need to seek competent legal advice as quickly as possible. Your best choice is to hire an experienced long-term disability lawyer to review your rights and remedies. They need to work with you to make sure your benefits are re-instated.