Long term disability insurance offers protection in case you become injured, sick, or otherwise disabled to the point where you are unable to work for an extended period of time. Long term disability coverage provides peace of mind that you will receive income even when you’re not able to work. Canadians may obtain long term disability coverage through their employer or they may pay for the policy out of pocket.

If your insurance company denied a legitimate claim, you may consider contacting a long term disability lawyer to help you get the benefits you’re entitled to receive.

What Are the Requirements for Long Term Disability?

The specific requirements for long term disability benefits depends on the insurance policy terms. You must be continuously unable to work for an extended period of time due to disability or medical condition in order to qualify for benefits. However, there will be a waiting period before the long term disability coverage kicks in. Before you get any long term disability payout, you should be able to qualify for short term disability benefits or employment insurance sickness benefits to assist with your lost income.

How Do I Receive Long Term Disability Coverage?

You do not automatically receive long term disability coverage if you are unable to work due to disability. You must initiate the process by sending an application to the insurance company. You will likely be asked to provide medical records documenting your disability and submit a letter from your employer.

Your long term disability coverage will likely depend on whether your insurer considers your disability a total disability or partial disability, but different plans define total disability differently. According to some plans, total disability means you are unable to do your current job functions but you could do other types of work. Other plans define total disability to mean you are unable to perform any type of work. Most plans fall between these two definitions.

The insurance company will review your claim and decide whether to approve or deny it. If you have a legitimate claim that was denied, you should be able to appeal the decision. Check your policy to find out how the appeals process works.

You may also consider contacting a long term disability lawyer to learn more about your rights.

What Happens to Long Term Disability After 2 Years?

Under many types of long term disability coverage, the insurance company will provide benefits during the first two years if you cannot perform your regular job functions, but may discontinue payments after two years unless you are unable to perform any type of work.

A long term disability lawyer can help you provide documentation and other evidence to convince your insurance company that you deserve to receive a long term disability payout after two years.

How Can a Long Term Disability Lawyer Help You?

A long term disability lawyer is knowledgeable about LTD insurance policies and can navigate the complexities of the system to help you get the benefits you deserve. If you are faced with a long term disability denial, a lawyer can review your policy and your application to determine if it was potentially a wrongful denial and/or help you appeal the denial.

A knowledgeable lawyer will also be able to spot any bad faith actions by the insurance company such as requiring unnecessary information, unreasonable delay of the claim, wrongful claim denial, or providing lower benefits than promised by the long term disability policy.

An experienced long term disability lawyer will be able to gather the necessary evidence to put your situation in the best light. They will also ensure applicable deadlines are met and negotiate with the insurance company to get your long term disability payout. If those efforts are unsuccessful, your lawyer can sue the insurer on your behalf.

What Long Term Disability Lawyer Fees Can I Expect to Pay?

Most long term disability lawyers work on contingency, meaning they will only collect payment if you win your case. Generally, lawyers’ fees will be about 25 per cent to 40 per cent of the long term disability payout. You’ll probably also be required to reimburse the lawyer for the costs of the case, including filing fees, travel expenses, postage, and cost of medical records and depositions.

You may be able to negotiate your lawyers’ fees, particularly if you have a strong case with plenty of supporting documentation. Make sure you are satisfied with the proposed fees before you sign the fee agreement.

If you receive a settlement from the insurance company that will be paid in a lump sum, your lawyer will likely collect a portion of that amount, based on the terms of the contingency fee agreement.

If the insurance company agrees to pay the long term disability benefits on a monthly basis (or if a judge orders the insurer to do so), most lawyers will collect a percentage of the benefits that are past due.

If a lawyer suggests a contingency fee that would include a portion of your future benefits, you may want to get a second opinion. Because disability benefits are often paid out over a span of several years, the lawyer could end up collecting quite a hefty sum from your case.

What Do the Attorney’s Fees Cover?

Long term disability lawyer fees will typically include a percentage of your payment from the insurance company, if you win your case. The amount the lawyer will be paid should be decided at the time you retain your lawyer and will be part of your contingency fee agreement. You may also be required to reimburse your lawyer for other fees associated with handling your case, such as filing fees, travel expenses, costs of medical records, depositions, postage, and other expenses.