Long Term Disability Lawyers in Ontario
Offices in Toronto, Ottawa, Barrie, Brampton, Hamilton, Kingston, London, Markham, Mississauga, Oakville, Oshawa, St. Catharines, Vaughan, Waterloo, & Windsor
If you’re one of the many Ontarians unable to work due to an illness or injury, the fear of losing your income can be incredibly overwhelming. Without a steady paycheck, covering basic living expenses becomes a significant challenge.
Fortunately, long term disability benefits in Ontario are designed to provide financial stability during these challenging times. Our guide will walk you through the essential information you need about long term disability benefits in 2024, ensuring you understand your rights and options.
Here’s what you’ll learn: |
Looking for information on long term disability in Ontario? Share Lawyers’ experienced disability lawyers work with you to help you understand your situation and explore your options.
What is Long Term Disability in Ontario?
Long term disability in Ontario provides critical financial support when you can’t work due to injury or illness. Usually, insurance companies offer these benefits through your employer’s plan, allowing you to focus on recovering without the added stress of lost income.
Short term disability provides temporary income replacement, typically only for a few weeks to several months.Long term disability offers ongoing financial support for an extended period lasting several years or up to retirement age.
Definition of Long Term Disability
Long term disability is defined as an illness or injury that makes it impossible for a person to perform the essential duties of their job and prevents them from working for an extended period.
Who Qualifies for Long Term Disability?
Many people will assume that long term disability benefits are for those who are so sick or injured that they are bedridden or cannot perform basic daily tasks.
However, the reality is that almost any illness or injury that prevents you from performing the essential duties of your occupation should qualify you for disability benefits. Here are the key factors.
- Functional impairment: How your condition impacts your ability to perform the basic requirements of your occupation.
- Specific policy guidelines: Your insurance company’s specific definitions and criteria for disability coverage.
Here’s an example:
If you’re an administrative assistant and injure your wrist badly, you might still be able to type slowly or manage minor tasks like answering the phone. However, the injury could make it difficult or impossible to type for extended periods or complete more complex tasks like data entry and managing schedules—both of which are essential parts of your job. Even though you can still handle some activities, this injury would likely qualify you for long term disability because it prevents you from performing the primary duties of your profession. |
How Long Can I Be On Long Term Disability in Ontario?
In Ontario, you’re usually eligible to receive long term disability (LTD) benefits until you can return to work or until your coverage period ends, often around age 65. Some policies, though, may have a set benefit period that lasts 5 to 10 years, depending on the policy details.
Common Conditions That Qualify
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Many of our clients come to us in a difficult financial position because they're unable to work and their insurance company has denied their benefits. That's why all of our client relationships start with a free consultation. That way, you can get the guidance you need without any upfront costs. The ability to pay for legal services should never prevent you from getting them, which is why we offer affordable payment options and no-fee arrangements where you only pay if you win.
How Are Benefits Paid?
In Ontario, long term disability benefits from private, employer-sponsored plans are usually based on a percentage of your income before you became disabled. This percentage is typically between 60-80% of your salary, but the exact amount depends on the details of your specific policy.
Payments are made monthly to help cover your expenses while you cannot work due to an illness or injury. However, some policies have a maximum limit on how much you can receive each month. This means that even if your percentage suggests a higher amount, your benefits will be within the maximum limit set by your policy.
We’re here to support you during this difficult time
It’s also important to remember that the definition of "disability" in your policy may change over time, affecting your eligibility during your coverage period. Review your policy to understand how this might apply to you.
This could mean that after a certain period, the criteria for receiving benefits might shift from being unable to perform your occupation to being unable to perform any occupation. This shift is called the Change of Definition and usually happens around the 2-year mark.
What is the Claims Process?
The claims process for long term disability in Ontario typically follows these steps:
- Confirm LTD Coverage: Verify that you have LTD coverage through your employer or private insurer.
- Consult a Doctor: Obtain a doctor’s diagnosis confirming your illness or injury’s effect on your ability to work.
- Gather Medical Documentation: Collect medical records and reports that support your claim.
- Submit the Application: Fill out the LTD claim forms and submit them with the required documents.
- Claim Review: The insurer will review your claim and may request further information.
- Decision: You will receive payment approval or a denial with stated reasons.
- Elimination Period: Wait out the elimination period before the LTD payments start.
Understanding the Elimination Period
The elimination period is the waiting time between when your illness or injury starts and when you can begin receiving long term disability (LTD) benefit payments. During this period, you won’t receive any benefits.
Typically, this waiting period lasts between 90 to 120 days, but it can be as long as a year, depending on your policy.
Common Reasons for Claim Denials
The change of definition in a long term disability claim happens at the two year mark. The definition of your disability changes from not being able to perform YOUR job to being able to perform ANY job that your education and experience qualify you for. This isn’t a viable option for many people and they need legal advice during this time.
In Ontario, even valid long term disability claims can sometimes be denied for various reasons. Here are some of the most common:
- Insufficient Medical Evidence: Your claim might be denied if the insurance company feels the medical documentation doesn’t prove that you cannot work because of your condition.
- Pre-Existing Conditions: If the insurer believes your disability is linked to a pre-existing condition that wasn’t disclosed or covered by the policy, they may reject your claim.
- Failure to Meet the Policy’s Definition of Disability: LTD policies often have changing definitions of "disability" over time. Initially, you may only need to show that you can’t do your specific job, but later, you might have to prove that you cannot do any job at all.
These are common reasons why claims are denied, but each situation is unique, so reviewing your policy and seeking guidance is important.
What to Do if Your Claim is Denied
If your claim for long term disability in Ontario is denied, it’s important not to lose hope. Insurance companies often deny valid claims to reduce costs, sometimes by taking advantage of technicalities.
You still have options, and your first step should be to contact an experienced disability lawyer like Share Lawyers. As the first law firm in Canada to specialize in disability law, we’ve spent over 35 years helping individuals like you navigate their cases and secure the benefits they deserve.
While you can appeal on your own, this is often not recommended. Doing so may result in more denials, making getting the benefits you need harder and more time-consuming. Appealing is the step the insurance company wants you to take.
By involving a lawyer, you send a clear message that you’re serious, which will escalate your case to a different party within your insurance company and significantly increase your chances of a successful appeal. Getting help from Share Lawyers will lift a huge weight off your shoulders, letting you focus on what truly matters—your health.
You're not in this alone.
We're here to guide and support you through every step so you can confidently move forward.
How Share Lawyers Helps
At Share Lawyers, we’re committed to easing your burden by taking on the challenging task of fighting back against your denial. With our specialized knowledge and compassionate legal support, we make it our mission to make your life easier during this challenging time.
If you’re searching for a long term disability lawyer in Ontario, Share Lawyers offers more than just legal expertise—we provide the compassionate, dedicated support you need during this difficult time.
With our proven track record and personalized approach, we’ll stand by your side as your legal advocate and trusted ally, ensuring you never have to face this challenge alone.
How Share Lawyers Helps With Your Case | |
Free Case Evaluation | We believe everyone should have access to legal representation. That’s why we offer potential clients free consultations to ensure we’re the right fit for them. There’s no pressure, and you won’t owe us a thing until we win your case. |
Gathering Medical Evidence | Medical evidence is critical to any case, and we’ll handle gathering the necessary information to strengthen your claim and tackle the reasons for the denial. |
Handling Communication | We handle all communication with your insurance company, so you won’t have to speak with them again. |
A Proven Track Record | With over 35 years of experience and over 9,000 successful cases, Share Lawyers is a trusted name across Canada. Insurance companies know our name and know we mean business. |
Negotiation and Litigation | We’ll negotiate with your insurer to secure your benefits, and if needed, we’ll take them to court. The large majority of cases settle before that, but we’re always ready to do what it takes to fight for you. |
Extra Support | Our exclusive Life reBUILDER™ portal offers support to help you regain stability and move forward during and after your case. Share Lawyers clients also get free access to Maple, a virtual healthcare service, and SPIRIT Club for online wellness classes. |
Support from the Comfort of Home | We want to make things as easy as possible for you. That’s why we offer remote support (calls, texts, emails, and video conferencing), so you can handle everything from the comfort of your home. |
Secure Your Benefits With Share Lawyers
At Share Lawyers, we know how frustrating it is to face a denial for your long term disability in Ontario. That’s why we’re passionate about standing up for individuals like you and helping secure the LTD benefits you rely on.
“If you are looking for a very experienced disability law firm, then you should call Share Lawyers. They have the best lawyers to help you with your long-term disability claim with the insurance company." Highly recommended.” — Ryan J. - Pickering, Feb. 24, 2024 |
We can’t stress enough how important it is not to lose hope. We’re here to support you through this tough time. Our track record and happy clients show how committed we are to helping Ontarians.
We’re so confident in our ability to win that we charge no upfront fees and offer free consultations.You’ll owe us nothing until your case is won.
Still need more information on long term disability in Ontario? We’ve got you covered.
Contact Share Lawyers today and put our experience to work for you. Our 35+ years of experience can help you win your case againstCanada Life, Desjardins, Manulife, RBC Insurance, Sun Life, and other insurance companies. Our legal team offers a free consultation and works on a contingency basis, so there are no fees until you win your case.
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