If you are suffering from a long term disability, our long term disability lawyer in Toronto will help you fight for the long term disability benefits you deserve. At Monkhouse Law, we have over 10 years of experience fighting long term disability claims. We can help you get the disability benefits you are owed even when insurance companies do not want to pay.
Here is how our Long Term Disability Lawyers can help:
1. Our Long Term Disability Lawyer can assist in determining whether you are eligible to receive long term disability benefits.
Typically, the first step is to confirm you have coverage. This can be determined through a review of your employment agreement. Your eligibility to long term disability benefits will then depend on how your benefits policy defines “disability”. If you have coverage and meet the required definition, our long term disability lawyers can help you file an LTD application. If successful, you could recover between 60% to 80% of your salary for the period in which you are disabled and unable to work.
2. If your disability is severe, our Long Term Disability Lawyer can assist you in proving to insurers that you are eligible to receive long term disability benefits.
To receive long term disability benefits, many insurers will require you to demonstrate you are “totally disabled”. At first, it must only be shown that you are unable to perform substantially all essential and material duties of your own occupation because of your disability.
If your application is successful, you will generally receive benefits for two years. Afterwards, to continue receiving your long term disability benefits, you must demonstrate to your insurer that you are unable to perform any occupation which you are reasonably qualified for as a consequence of your disability. If you are successful and your disability is sufficiently severe, you may be eligible to receive long term disability benefits until the retirement age of 65.
It can be exceptionally difficult to argue that you are unable to perform any occupation because of your disability. Having a strong long term disability lawyer will make for an easier battle and increase your likelihood of success. Our long term disability lawyer can help you can receive the benefits you need.
3. If you have applied for long term disability and been denied by your insurer, our Long Term Disability Lawyer can assist in ensuring you receive what you are owed.
Insurers will often give several excuses for having denied an application for long term disability benefits. For instance, they may argue that you are not disabled as defined under the policy, or they may argue you had a pre-existing condition which excludes you from the policy. Many of these reasons require technical arguments to overcome.
If you have applied for long term disability benefits and have been denied by your insurer, you will need the assistance of a long term disability lawyer in Toronto to ensure you receive what you are owed. You should not attempt to appeal the insurer’s decision without the assistance of a long term disability lawyer.
4. Our Long Term Disability Lawyer can start a lawsuit on your behalf if your long term disability application was denied.
While you could consider appealing the insurer’s decision, this is not recommended. Insurers are unlikely to change their opinion. A more productive response to your application being denied would be to hire experienced long term disability lawyers to prosecute a lawsuit on your behalf.
Our experienced long term disability lawyers at Monkhouse Law in Toronto can assist in prosecuting a wrongful denial of long term disability benefits. You will find that prosecuting your denial means less delay and greater compensation.
Long Term Disability Cases We Have Won
In Mahadeo v Blue Cross Life Insurance Co. 2019 ONSC 6611 (CanLII): Miguel Mangalindan was successful in expediting a Long Term Disability case and successful in striking a jury notice for his client before Justice Morgan on a long term disability case in order to expedite going to trial.