A long term disability lawyer specializes in helping people get the benefits they deserve from their long term disability insurance policy.
If you have been denied benefits or if your benefits have been cut off, a disability lawyer can help you fight for the payments you need and deserve.
In this article, we will discuss:
- What is long term disability insurance or LTD?
- Am I Eligible for Long Term Disability Benefits?
- How To Qualify Long Term Disability Benefits in Ottawa?
- Why Was My Claim for LTD Benefits Denied?
- What if my LTD benefits are denied or cut off?
By the end of this article, you will have a better understanding of long term disability insurance and the role that an LTD lawyer can play in helping you get the benefits you deserve.
What Is Long Term Disability Insurance or LTD?
Long term disability insurance (LTD) is an insurance policy that provides payments to people who are unable to work due to a long-term illness or injury. Employers typically offer LTD policies as part of a benefits package, but they can also be purchased individually.
LTD policies vary in coverage, but they typically provide payments for a certain percentage of your pre-disability income. These payments are meant to replace a portion of your lost wages so that you can maintain your standard of living while you are unable to work.
Benefits can be paid on a tax-free basis, and they are typically paid until you reach retirement age or are able to return to work.
Long Term Disability VS Short Term Disability
Understanding the difference between long-term disability (LTD) and short-term disability (STD) insurance is essential. Employers typically provide STD policies, and they cover a portion of your wages for a short period of time, usually 3-6 months.
These policies are meant to provide you with some income while you are out of work due to a short-term illness or injury. Short-term disability benefits do not typically cover long-term illnesses or injuries.
On the other hand, LTD policies are designed to provide income replacement for longer, usually two years or more. These policies are meant to cover you if you are unable to work due to a long-term illness or injury.
Am I Eligible for Long-Term Disability Benefits?
To be eligible for LTD benefits, you must first have a policy in place. If your employer offers LTD insurance, you must enroll in the plan and pay any required premiums.
If you have an individual policy, you must ensure that you are up to date on your premiums before filing a claim. Once you have a policy in place, you will need to meet the definition of “disabled” to receive benefits.
Most insurance companies define disability as the inability to work at your current job due to a physical or mental illness. Some policies also provide coverage for injuries that occur outside of work.
If you are not sure whether you meet the definition of “disabled” under your policy, you should contact a disability lawyer for help.
How To Qualify Long-Term Disability Benefits in Ottawa?
Suppose you are wondering how to qualify for disability benefits in Ottawa. In that case, the answer is that there is no specific condition or injury that you need to sustain to get the benefits.
At the end of the day, you must meet the disability test that is outlined in your policy manual. Often times you will see “total disability,” but it can be some variation of this.
It is crucial to receive a diagnosis as soon as possible. Insurance companies are more likely to pay out your long-term disability claim if they can point to a specific diagnosis or medical condition. Examples include back problems, psychological issues, chronic pain, visual disorders, heart problems, etc.
How Much Will I Receive in Long-Term Disability Benefits?
The amount you will receive in disability benefits will depend on a few different factors, including the terms of your policy, your pre-disability income, and whether you are able to return to work in some capacity.
Most policies will provide you with a benefit that is equal to a percentage of your pre-disability income, usually between 50% and 80%. So, if you were making ,000 per year before you became disabled, your disability benefits would likely be between ,000 and ,000 per year.
Some policies will have a maximum benefit amount that they will pay out, regardless of your pre-disability income. For example, a policy might have a $3,000 per month maximum benefit. In this case, if you were making $5,000 per month before you became disabled, you would still only receive $3,000 per month in long term disability benefits.
If you are only partially disabled and can return to work in some capacity, your long-term disability benefits may be reduced. The exact amount of the reduction will depend on your policy and the terms of your return to work.
If you have any questions about how much you will receive in long term disability benefits, you should contact your insurance company or reach out to us at Badre Law.
How Long Do LTD Insurance Benefits Last?
The duration of long-term disability (LTD) benefits varies depending on the policy. Some policies have a set time frame, such as 5, 10, or 15 years. Others will pay LTD benefits until the policyholder reaches age 65.
There are even some policies that provide lifetime benefits. These policies typically pay a certain percentage of the policyholder’s salary until age 65, after which the benefits are reduced.
The most important thing to remember is that LTD benefits are not designed to last forever. They are meant to provide financial assistance while the policyholder is unable to work due to a disability.
Offsetting Long-Term Disability Benefits with CPP Disability Benefits
Most insurance companies will offset long term disability (LTD) benefits with any other income sources the policyholder is receiving, such as Canada Pension Plan (CPP) disability benefits.
If you receive $1,000 per month in LTD benefits and $500 per month in CPP disability benefits, your LTD benefits will be reduced to $500 per month.
It is important to note that not all insurance companies offset LTD benefits with CPP disability benefits. If you are unsure whether your policy offsets LTD benefits, you should contact your insurance company.
Why Was My Long-Term Disability Claim Denied?
There are a number of reasons why long-term disability claims may have been denied. Here are some of the most common reasons:
You did not meet the definition of “disabled.”
As we mentioned above, most policies define disability as the inability to work at your current job due to a physical or mental illness. If you can work in some capacity, your claim may be denied.
The insurance company may also require that you be unable to work in any occupation for which you are qualified based on your education, training, and experience. If you are denied long-term disability benefits, you should check your policy to see how it defines “disabled.”
You did not provide enough evidence
When you file a claim for LTD benefits, you will need to provide evidence of your disability. This evidence can include medical records, diagnostic tests, and statements from your doctor.
If you do not provide enough evidence, or if the evidence you provide is not strong enough, your claim may be denied.
You failed to follow the policy’s requirements
Most LTD policies have specific requirements that claimants must follow. For example, you may be required to undergo regular treatment with a doctor or participate in rehabilitation. If you fail to follow these requirements, your claim may be denied.
The medical partner of the insurance company disagreed with your doctor
Insurance companies administer most LTD policies. These companies often have a team of doctors who review claims to determine whether they are valid. If the insurance company’s doctors disagree with your doctor’s opinion, your claim may be denied.
You are no longer considered disabled after an impairment evaluation
Some policies require claimants to undergo an impairment evaluation after the first 2 years. This evaluation will determine whether you are still considered disabled under the policy.
If the evaluation finds that you are no longer disabled, like you can be able to work for jobs like your sedentary job, your benefits will be cut off.
You returned to work
If you can return to work, even if it is in a different capacity or for fewer hours, your benefits may be terminated. This is why it is crucial to keep your insurance company updated on your condition and any changes in your ability to work.
You did not file your claim within the time limit
Most policies have a time limit for filing claims. If you do not file your claim within this time limit, your claim may be denied. The time limit is usually 1-2 years from the date you became disabled.
You were terminated from your job
If you are terminated from your job for cause, such as misconduct or poor performance, you will likely not be eligible for LTD benefits.
Fraudulent Claims
If the insurance company suspects that you are committing fraud, your claim may be denied. This is why it is essential to be honest when filing a claim and provide accurate information.
If your long-term disability claim is denied, you should appeal the decision. The appeal process can be complex, so it is important to have an experienced LTD lawyer on your side.
What If My LTD Benefits Are Denied Or Cut Off?
If your claim for LTD benefits is denied or your benefits are cut off, you have the right to appeal the decision. The appeals process can be complex, so it is important to hire a long-term disability lawyer to help you with your appeal.
A long-term disability lawyer can help you gather evidence to support your appeal and file the necessary paperwork. They can also represent you at any hearings that may be required as part of the appeals process.
If you are considering appealing a decision on your LTD claim, contact us today to schedule a free consultation with one of our long-term disability lawyers. We will review your case and help you determine the best course of action.
Get Help From a Professional Ottawa Long Term Disability Lawyer
If you have been denied long term disability benefits or if your benefits have been cut off, we can help. At Badre Law, our team of experienced long term disability lawyers has a successful track record of helping clients get the LTD benefits they need and deserve.
We understand the stress and anxiety that comes with being disabled and unable to work. We will help you navigate the LTD claims process and appeal any decisions that have been made against you.
Contact us today to schedule a free consultation with one of our long term disability lawyers. We serve clients in Ottawa and across the Ontario area.
Conclusion
If you have been denied long term disability benefits, it is important to understand the reasons why. In some cases, the denial may be due to a technicality or an error on your part. However, in other cases, the denial may be justified.
If you believe that your LTD claim has been wrongly denied, you have the right to appeal the decision. The appeals process can be complex, so it is crucial to hire a long term disability lawyer to help you with your appeal.
Frequently Asked Questions
How can I find a long-term disability lawyer near me?
If you live in the Ottawa area, you can contact Badre Law to schedule a free consultation with one of our long term disability lawyers. We serve clients in Ottawa and across Ontario.
You can also search for “long term disability lawyer” or “LTD lawyer” followed by your city or town to find a lawyer in your area.
How much does a long-term disability lawyer cost?
Most long term disability lawyers work on a contingency basis, which means that they only get paid if they win your case. They will typically take a percentage of your LTD benefits as their fee. Then if you lose your case, you will not owe the lawyer anything.
Are Long term disability benefits taxable?
It depends on the type of long-term disability benefits you receive and whether they are taxable. If you are self-employed and have a private disability policy, your benefits are not considered taxable income.
However, if you have a group plan through your employment and your employer pays more than 50% of the monthly premiums for your benefits, your benefits will be considered taxable income.
What are the chances of winning an appeal?
The chances of winning an appeal depend on the specific facts of your case. An experienced long term disability lawyer will be able to give you a better idea of your chances of success after reviewing your case.