Disability Lawyer Ottawa
Ottawa is a city with thousands of Federal Government employees with a full range of private insurance benefits, including short term disability (STD) and long term disability (LTD) insurance. These benefits are also available to thousands of other employees in the private sector, in Ottawa and the surrounding cities of Eastern Ontario such as Pembroke, Brockville, Kingston and Cornwall.
LTD insurance pays a portion of your lost income if become injured, ill or otherwise too disabled to continue to work. LTD premiums may be paid by the employee, employer or a combination of the two. Depending on who pays the premiums, the LTD benefit may or may not be taxable. If the employee paid for it, the benefits are not taxable; if the employer paid the premiums the benefits are taxable.
Generally speaking, LTD benefits are payable as long as you continue to be unable to work. The test for entitlement to LTD benefits for the first two years is usually whether you can return to your old job. After two years the test changes to whether you are able to return to any job for which you are reasonably qualifed based on your training, education and experience. If you continue to meet the entitlement tests, usually benefits will continue until you reach age 65.
What Should I Do If The Insurance Company Refuses or Stops Paying my Claim?
The first thing you should do if your claim is refused is carefully read the refusal letter to understand the reason for the refusal. If there is a simple clerical error of the insurance company is waiting for a document you recently sent, then you should be able resolve the claim on your own. If however all of your documents were submitted on time and the insurance company is still not making payments, or has stopped making payments for any reason, then you should consider speaking to a lawyer right away.
Some of the reasons that the insurance company may use to refuse your claim could include, among other reasons: 1) the insurance company paid a doctor to give them an opinion and that doctor says you do not meet the entitlement test; 2) although you met the entitlement test for the first two years, you do not continue to meet the new test after two years; 3) the insurance company says you are not following recommended treatment; and 4) the insurance company has surveillance footage which they say shows you are not as impaired as you have said.
If the insurance company refuses to approve your LTD claim or cuts off your benefits, it is important to consult with a lawyer experienced in LTD claims. Our lawyers are familiar with the insurance industry and insurance company tactics. We will help you fight for your rights and make a claim against the insurance company to help get your benefits re-instated or put you in a position to negotiate a favourable settlement. Our experience includes claims against insurance companies including RBC, Great West Life and Manulife and Sunlife, among others.
If you or someone you love has had their short or long term disability claim refused, contact us to discuss how we can help, or fill out our Case Form and one of our lawyers will get in touch with you.