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Toronto Disability Lawyer
Whether your disability is expected to be short- or long-term, you deserve to receive all the benefits your policy offers. Get your claim approved for maximum benefits with the help of a disability lawyer in Toronto.
Disability insurance is supposed to be there for you when a disability prevents you from being able to work and earn an income. Unfortunately, thousands of Canadians have their disability benefits denied every year, often for reasons that either don’t make sense or just aren’t valid.
Getting a denial overturned and maximizing your disability benefits is absolutely critical for your future wellbeing. Without the necessary benefits, you’ll still be unable to work and likely won’t have any way to pay the bills and ensure your continued standard of living.
A Toronto disability lawyer from the Mirian Law Firm can help you bring your disability claim to a successful conclusion. With over fifteen years of experience, we know how to challenge a disability denial, and we know how to give our clients the best chance at getting the most from their policy.
Short-Term Disability vs. Long-Term Disability
When an injury or disability is going to prevent you from working, it’s important to know what type of claim you need to file. In general, disability claims fall under short term and long term.
Short-term disability (STD) claims cover temporary disabilities that you’re expected to recover from in the near future, usually within about four months to one year. In many cases, these types of claims are paid by employers directly, but it’s likely that an insurer will still be involved and advising your employer about whether they should recognize your claim.
Long-term disability (LTD) claims, on the other hand, are filed when a disability is expected to last longer than one year. The disability might even be permanent, in which case the disability policy should continue to pay until your reach an age specified in the contract, usually the retirement age of sixty-five.
Finally, critical illness claims are filed when someone experiences a sudden and serious ailment, such as a heart attack, cancer, or a stroke, which will prevent the individual from working for a time. These policies often force the person to go through a “survival period” before the insurer will honour the claim.
Reasons for Disability Claim Denials
When it comes to commercial insurance companies, it’s important to keep in mind that their goal is making money . . . and that’s pretty much it. In a perfect world, insurers would be there to help people get back on their feet when they become disabled, but the truth is that the insurance company will try to maximize their profit margins by denying every claim they can—including yours.
If your disability claim has been denied, a Toronto disability claim attorney from our firm will be able to help you appeal the denial and give you the best chance for ultimately receiving the benefits you’re entitled to.
Listed below are just a few of the reasons that insurers commonly use to justify denied claims:
- Technical errors on the disability claim form
- Insurer misinterpreted something in your medical documentation
- Insurer claims that you misrepresented your medical history when first applying for a policy
- Insurer claims that because you can perform an activity (e.g., swimming), you must not actually be disabled
Another way that insurers avoid paying out on disability claims is unique to LTD policies. Most long-term policies have two different phases of coverage. In the first phase, you’re eligible for benefits if your disability prevents you from working in your current job. This phase is usually allowed for two years.
In the second phase, you can only continue to receive benefits if your disability prevents you from working in any job—not just your own. Therefore, if you could conceivably get another job, the insurer will stop paying your disability benefits. It’s not uncommon for insurers to unfairly claim this and shut off someone’s benefits.
Proving Your Disabled Condition
Whatever the insurer’s reason for your disability claim denial or revocation of your benefits, a Toronto disability lawyer from our firm can help you prove the truth of your condition. This is easier done in some cases than in others, however.
If your disability is physical, such as a damaged knee or some form of paralysis, we’ll help you arrange the proper medical evaluation so that you can prove your disability to the insurer. In some cases, they might be misinterpreting something in your medical documentation, in which case our attorneys can help sort this out.
Fibromyalgia, chronic pain, and mental disabilities can be more difficult to prove, however. These conditions don’t have visible symptoms, so it’s easy for insurers to claim that they believe you’re either faking it or that “it’s in your head.”
Fortunately, modern medical science disagrees with insurers on these points. Much like with physical disabilities, your disability lawyer will help you get the medical evaluation you need to prove your diagnosis and its impact on your life.
What Benefits Do Disability Insurance Policies Pay?
The exact benefits you could be eligible for will depend on your specific disability policy. Generally speaking, the primary benefit is the cash benefit you receive to replace your income while you’re unable to work. This is typically a specified percentage of your normal income, although there might also be a capped amount.
If you have an LTD policy, it might also cover some of the cost of rehabilitation services so that you can get back to work quicker.
Whatever the benefits included in your policy, our disability lawyers can help you get everything you’re entitled to.
Connect with a Disability Lawyer in Toronto
Whether you’ve had your claim denied or your benefits revoked, the Mirian Law Firm can help you take on the insurance company and prove your disability. We’ve helped disabled residents from all over Ontario get the short- and long-term disability benefits they’re rightfully entitled to.
It all starts with a free, no-obligation consultation with an experienced Toronto disability lawyer. Arrange a time for yours by calling us at 647-556-5888 or simply complete the contact form found at the bottom of this page.
Mirian Law Firm Client Review:
Ross Mirian and his team are extremely aggressive litigators that get the job done! We are happy with his professionalism and how well he kept constant communication with us. We highly recommend him and his team!
- Alistair Vigier