If you were injured in a motorcycle accident or a car accident or simply can’t work due to an injury or illness and want to file an LTD (Long Term Disability) claim, you need to build a strong LTD case. Otherwise, you may face an LTD denial by the insurance company.This article will discuss how to build a strong LTD case to get maximum compensation for your injuries.
Are There Many People Suffering from Long Term Disability in Canada?
According to Statistics Canada, approximately 3.8 million adult Canadians (13.7% of the adult population) reported: “being limited in their daily activities due to a disability” in 2012.
With the COVID-19 pandemic, however, Statistic Canada came up with a report based on a crowdsource questionnaire they provided from June 23, 2020, to July 6, 2020. The information was about the experiences of Canadians aged 15 and above, who have long term conditions and disabilities during the pandemic.
The report revealed that 48% of participants reported their general health is worse than it was before the start of the pandemic. Also, 57% of participants said their mental health is worse than it was before the beginning of the pandemic.
The pandemic has made it more difficult for people with long term disabilities to go through day-to-day activities. But having LTD benefits would undoubtedly help improve their quality of life.
“Derek Wilson recently successfully settled my case. When I first met him, he was very candid about how we were to proceed with my case as well as what his expectations were. I had constant communication with his wonderful law clerks throughout the 2-year process.That made it easier for me to keep up with what was required for our success. Overall, Derek Wilson law provides outstanding service, prompt response to questions with helpful guidance and support. The two years flew by with amazing help from this team, and I am very satisfied with their service.”
J.I. – Ontario
What are the Differences Between Short Term Disability and Long Term Disability?
Short term disability for insurance companies in Canada is a disability that extends for six months or less. If your disability extends beyond six months, that is long term disability. It is a situation wherein a disability renders an individual unable to work for an extended period.
If you were in a motorcycle accident or car accident and become permanently disabled, you can claim on both short term and long term insurance policies. When you file for short term disability (STD), you will be provided with financial assistance for up to six months. After six months, you can make a long term disability claim that would continue to take over payments to you.
However, if you were involved in a motor vehicle accident that leaves you with a permanent disability, you may not be well enough to file the claim yourself. On the other hand, your loved ones would be busy caring for you and dealing with lifestyle changes you and your family may have to make. For this reason, you need to hire a lawyer to make the insurance claim.
Don’t worry.An experienced LTD lawyer is more than capable of handling your LTD claim so that you can focus on your recovery.
“My goal is to go through each client’s LTD claim thoroughly, guide them on how to proceed with the claim, and help provide them with maximum benefits as quickly as possible.”
Personal Injury Lawyer
Each LTD claim is different, but it is pretty common for insurance carriers to deny or terminateLTD claims for specific reasons.
If you want to avoid an LTD denial, you need to build a strong case for your Long Term Disability.
How Can You Build a Strong LTD Case?
Certain factors can help you build a strong LTD case:
1. The nature of your disability
Is your disability an objective one where doctors support that you cannot work anymore? Or is your disability of a subjective nature such that some doctors support you, but others are skeptical about your injures? A dismissive doctor who does not believe in your injuries could significantly affect your LTD case.
2. The definition of disability under the long term disability policy
Some long term disability policies have a definition of disability and clauses in favour of the insurance company. Other policies have a favourable definition and clauses in favour of the claimant. The strength of your LTD claim will depend on what’s written down in the insurance policy. In most cases, if the policy premiums are cheap, the protections for the claimant under the policyare weaker than policies with higher premiums.
3. How much were you earning before you became disabled?
The higher your income before the onset of your disability, the higher your monthly benefit should be. The higher your monthly benefit, the greater the monetary value of your claim.
4. Have you been awarded CPP (Canada Pension Plan) Disability?
If you did not yet apply for CPP Disability, the insurance company may make this request and see dollar for dollar set off for any amount awarded.The insurance companies CAN STILL deny the LTD claim even if CPPD benefits are awarded which is why you should get an experienced LTD lawyer involved to fight for you.
5. Do you have any transferrable skills?
The greater your education and work experience, the more potential you have to have transferrable skills to be qualified for another job. If you do, the insurance company eventually take the position that you can work at said job. However, if you have limited education and an inadequate transferrable skillset, this may strengthen your case.
6. Are you likeable and credible?
Do you come across as a likeable and credible witness? Or, do you come across as not believable? If the court empathizes and believes you, your chance of winning your LTD case increases.
Do I have to be confined in a hospital to receive disability benefits?
No, you do not have to be hospitalized to receive disability benefits. Several medical conditions do not require extended stays in the hospital as treatment can be done by professionals in other facilities or even in your home.
Is there a deadline for claiming long term disability insurance benefits?
Yes, there is a deadline for making LTD claimswhich can affect your ability to assert your claim. For this reason, you need to consult an LTD lawyer immediately. They will guide and advise you on what you need to do,and he will notify you of any deadlines for your claim.
If you are dealing with a long term injury and you need legal counsel or support for your Long Term Disability claim, Derek Wilson Personal Injury Law firm is here to help you. Please contact us for a free initial consultation.