You counted on their promise to provide you benefits.
Now they won’t come through.
This is a story we’ve heard time and time again. We are experienced Hamilton long-term disability insurance lawyers who have represented hundreds of disabled claimants who have been unreasonably denied or cut-off their long term disability benefits. We have litigated against every major disability insurance company in Canada. If your claim has been denied we can assist you through all stages of your claim for denied long-term disability benefits and we will never ask you for upfront fees.
Being denied long-term disability can be terribly frustrating for claimants who rely on their disability income every month to support themselves or their family. Denied claimants can be left with disastrous financial problems if their long-term disability income is their only source of income —especially if that income contributes to shared family expenses.Unfortunately, insurance companies simply don’t care about your financial position. Your disability insurance carrier is a business and if they do not see that you are disabled according to their exact definitions, they will cut you off long-term disability without hesitation, placing you in a destitute position where a legal claim is your only option.
Most people that collect benefits simply want to try their best to get better and pay their monthly bills to survive. When a claimant is cut off or denied their monthly disability payments, the process can become quite confusing, very quickly. Most people don’t know what to do. When the denial letter arrives in the mail claimants often think that they are left with no options and that the monthly benefit will stop being deposited in their bank accounts forever. The reality is, however, that many claimants suffering from illness or injury are simply not able to get back to any type of gainful work and when benefits are denied or cut-off, claimants don’t know what to do.
Many claimants desperately turn to the internet and try to read about the appeals process and the options that they have – when the reality is that, many times, there is only one option – and that is to start a legal claim against their long term disability carrier and ask a Judge to reinstate their benefits. Fortunately, our firm can assist you through the process and handle your lawsuit for reinstatement. We have extensive experience with this.
The basic idea behind long-term disability is that your insurance company will pay monthly, predetermined benefits (either fixed or a percentage of your salary) to you, provided that you meet the applicable policy definitions of “total disability.”
Most long-term disability policies in Canada hold that the definition “total disability” is met when you are unable to perform the important duties of your own job within the first two years of your injury or illness, although you may be capable of performing another job. This is what we normally refer to as “own occupation” disability.
After two years, long-term disability (LTD) policies typically switch to a disability definition of “any occupation,” which means that you must be unable to perform the activities of any occupation for which you are reasonably suited by your education, training, and experience. If you are not denied at the application process, most long-term disability carriers will deny long-term disability benefits at the two-year mark, when the policy makes the switch from you not being able to do your own job to not being able to do any job based on your education and work experience.
It is at this point that you would bear the ultimate burden of proof, meaning that you must prove that you are totally disabled and unable to perform any occupation to which you are reasonably suited by means of your education, training, and experience. This is the moment when you may require the services of an experienced long-term disability lawyer in Hamilton.
When you hire a long-term disability claims lawyer, how do you then win your case? Technically, you would need to prove to your insurance company—or, ultimately, a judge—that you satisfy the definition of total disability under your policy.
Our disability lawyers will fight to see your benefits continue uninterrupted for your maximum period of benefit recovery, which is normally to age sixty-five. In addition to this, our disability lawyers will argue that you should be paid all past disability benefits owed to you up to the date of your settlement or trial.
Lump-sum settlement awards for future benefits are sometimes negotiated during settlement talks but should not be a factor when starting a claim for denied benefits. The insurance company is not obligated to settle with you for a lump sum amount, but it must reinstate you and pay your benefits every month if you’re totally disabled.
If you suffer from a psychiatric or physical clinical disability that renders you unable to perform the substantial and material duties of any occupation for which you have education, training, and experience, then it is vital that you contact a disability lawyer and inform yourself of your legal rights.
Taking on a disability insurer in Ontario is not for the faint of heart—don’t try to do it alone. We see claimants come to us after being bombarded with an endless barrage of anti-coverage grenades that share a single target: preventing them from collecting disability benefits.
How do disability insurers do this? They will often hire their own doctors to conduct medical examinations that will inevitably find you in “perfect” health. Alternatively, the doctors might not be qualified to render an opinion regarding your condition but may do so anyway. In real life, they would surely send their own patients to specialists.
If you happen to be wealthy, insurance companies may suggest that you stopped working out of choice or because you are burned out—not because you are truly and genuinely disabled. If that fails, insurance companies will often have their own paparazzi survive you to catch you, for a minute, exhibiting behavior that allegedly contradicts your medical records.
At times, disability carriers might also attempt to manufacture a “choice” argument by offering to retrain or rehabilitate the insured person. If the insured declines the offer, the insurer will argue that the insured has chosen to remain disabled and is therefore not entitled to long-term disability benefits.
Total disability does not signify an absolute state of helplessness. Rather, you must be unable to work in any position for which you are suited by way of education, training, or experience.
If you have been denied long-term disability benefits in Hamilton, speak with a disability lawyer who specializes in denied LTD claim litigation. Matt Lalande has represented hundreds of individual claimants at all stages of disability claims, including claim denial, denial at the change of definition, or lawsuits to recover disability benefits.
Lalande Personal Injury Lawyers are experienced with representing individuals who have been denied long-term disability benefits under private insurance plans. We have represented Hamilton disability insurance claimants at all stages of the process, from the initial denial to pretrial.
If your claim for long-term disability benefits was denied, our legal team will aggressively advocate for your legal rights. We have represented disability claimants who suffered from the following:
Our lawyers will file a claim on your behalf with the Superior Court of Justice. We will then be asking a Judge to declare that you are totally disabled from your own occupation, as well as for any occupation to which you are reasonably suited by educaiton, training and experience. You will have to attend to give your deposition – called an examination for discovery in Canada and give evidence concerning your long-term disability. Often times, a mediation or settlement can occur throughout the process if all of the evidence points to your condition fitting into the policy definition of total disability.
This is why it is vital that you retain long-term disability lawyers who are effective and experienced in gathering all of your relevant medical documentation, hiring the right experts and building a case against the disability company that will create risk – and show them that a mistake was made when you were cut-off or denied long-term disability.
Absolutely not. in fact, we serve claimants Province wide. We are certainly able to discuss your case with you by telephone, review your disability policy or any other relevant medical documents that you can provide us and make a determination as to whether or not we think your case if a case that would create risk on the insurer.
We understand that you have just been denied disability benefits and that you are in no position to be paying a lawyer. Our Hamilton disability lawyers will speak to you at no cost, offer you recommendation and if we decide to take the case, we will never ask you for money upfront. We will only get paid at the conclusion of your case.
There is absolutely no worry in speaking to our firm. You will never receive a bill until the end of the case, and only if long-term disability benefits are recovered successfully on your behalf.
We understand that you might be hesitant to contact a lawyer because you’re afraid of what it will cost. That’s a reasonable concern. However, rest assured that we will never ask you for money up front to start your case. Nor will we charge for initial consultations. We are more than happy to discuss your situation, provide you with opinions and advice, and help you determine your options. Lalande Personal Injury Lawyers is flexible and can arrange a consultation at a time that is convenient to you and your family.
Give us a call at 905-333-8888 or fill out the form below to schedule a free, no-pressure consultation with a Hamilton long-term disability lawyer.
We’re here to help. Schedule a free consultation with one of our experienced lawyers today by filling out the form below, or call us at 1-833-4-LAWFIRM
We’ll be in touch as soon as possible.
Call us 24/7. We will travel to your rehabilitation center, home, or hospital, at your convenience.
We are available to discuss your case anytime. Give us a call at 905-333-8888.
Meeting and/or discussing your case with our legal team is completely free.