The criteria you have to meet to qualify for long-term disability will depend on your contract of insurance. Every policy is a bit different, but many state that you must be “totally disabled” in order to receive LTD. In everyday usage, this implies at state of complete incapacity. According to Canadian and Ontario courts, however, this simply means you are reasonably unable to work. A leading Supreme Court of Canada case states that the test for total disability is satisfied when “common care and prudence” would require that a person stop working in order to recover.
In general, for the first two years you must be unable to perform the work you were doing when you became disabled. This is the “own occupation” test. However, after two years, you may have to demonstrate you are unable to perform any work at all in order for benefits to continue. This is the “any occupation” test.
Legal advice is sometimes necessary to establish what elements are required for you to receive LTD benefits. Clonfero Law Firm in Toronto has an experienced team of LTD lawyers who work daily to help injured people receive the support they need to recover from injury or illness. We can help you to understand the details of your insurance policy and take the necessary legal steps for you to make a claim. If you are being unreasonably denied coverage, we will be there to help you appeal.
Guidance For The LTD Process
When you are already ill, and your energy is devoted to recovering medically and caring for your close family, questioning an insurance company denial may be too much to handle. At Clonfero Law Firm we are committed to providing advocacy and information so you understand how your circumstances may in fact qualify for LTD. Fundamentally, we are committed to helping people; so policies paid for in good faith are properly fulfilled by the insurance company.
If you have questions about whether you qualify for long-term disability, contact our firm for a free consultation. We can help you to understand your coverage and make a valid claim. To schedule an appointment, call us at 416-703-2077 in Toronto or 1-416-703-2077 toll free in Ontario or send us an email through this website.