Litigation

Disability Claims

Guiding you on the appropriate course of action 

 

Know Your Rights

Long Term Disability

You may find yourself applying for long-term disability benefits through your employer, or other group insurance if you are unable to work as a result of your injuries and impairments, or due to a chronic illness.

Your long-term disability insurance policy will set out the benefits that are available to you and how and when they will be paid. Many people are surprised to find that the definition of disability usually changes after two years and becomes more difficult to continue to qualify for long-term disability benefits. It is often at this time, that an insurer will stop paying disability benefits because they determine that the individual no longer meets the test of disability. It is possible to overturn these decisions and this usually requires the commencement of a lawsuit.

It is important that your long term disability insurance policy be carefully reviewed at an early stage because there are often deadlines within which an application for long-term disability benefits must be submitted.

In addition, some policies will set timelines that will prevent you from starting a lawsuit to recover lost benefits.

Canada Pension Plan Disability Appeals

Canada Pension Plan (“CPP”) Disability Benefits are available to individuals who have suffered a “severe and prolonged” disability that prevents them from engaging in any type of gainful employment.

Often people find that their application is denied despite the fact that they have not been able to work for some time as a result of their illness or injuries.

There is an appeal process available and, in many cases, the denial of CPP disability benefits can be overturned. There are timelines within which you must appeal a denial of CPP Disability benefits and so, it would be wise to consult a lawyer at an early stage.

We can help you understand your rights and can guide you on the appropriate course of action to take if you have been denied Canada Pension Plan disability benefits.

If you have questions regarding a recent decision regarding your long-term disability insurance benefits or Canada Pension Plan disability benefits, contact us.