Disability Claim FAQs2024-01-22T21:38:23-05:00

Legal Assistance

Disability Claim FAQs

Here, we provide clear, concise answers to frequently asked questions about short-term and long-term disability claims. Whether you’re considering filing a claim or facing challenges with an existing one, these FAQs will help you understand the process.


Long-Term Disability Questions and Answers

What is long-term disability insurance?2024-01-22T21:27:35-05:00

Long-term disability (LTD) insurance provides financial support if you’re unable to work due to a serious illness or injury. It typically starts after short-term benefits end, covering a significant portion of your salary for an extended period.

How do I qualify for long-term disability benefits?2024-01-22T21:27:53-05:00

To qualify, you must prove your condition significantly impairs your ability to perform your job duties. This usually requires detailed medical documentation and adherence to your policy’s specific criteria for disability.

What conditions are covered under long-term disability?2024-01-22T21:28:12-05:00

LTD policies cover a range of conditions, including chronic illnesses, severe injuries, and mental health disorders. Each policy differs, so it’s important to check what specific conditions your policy covers.

How long do long-term disability benefits last?2024-01-22T21:28:33-05:00

LTD benefits can last until you’re able to return to work, reach retirement age, or for a set period defined in your policy.

Can I work while receiving LTD benefits?2024-01-22T21:28:55-05:00

This depends on your policy’s definition of disability. Some policies allow “partial disability” benefits if you can work in a limited capacity, while others may cease benefits if you start working.

What should I do if my LTD claim is denied?2024-01-22T21:29:14-05:00

Consult with a disability lawyer. Denials can be due to various reasons, and a lawyer can help you understand these reasons and guide you through the appeals process or litigation.

Are LTD benefits taxable?2024-01-22T21:29:35-05:00

This depends on who paid the premiums. If your employer paid them, benefits are typically taxable. If you paid them personally, benefits are usually tax-free.

How does mental health impact long-term disability claims?2024-01-22T21:29:56-05:00

Mental health issues, such as depression and anxiety are valid reasons for LTD claims. However, proving their impact can be challenging due to the nature of these conditions, requiring thorough medical evidence and consistent treatment records.

Can I apply for LTD benefits for a pre-existing condition?2024-01-22T21:30:18-05:00

It depends on your policy’s terms. Some policies exclude pre-existing conditions or apply waiting periods before covering them.

How do insurance companies surveil LTD claimants?2024-01-22T21:30:40-05:00

Insurers may conduct surveillance to verify the extent of your disability, including social media monitoring, using private investigators, and reviewing public records.

Want to Speak With a Disability Claims Lawyer?

The disability claim lawyers at McNally Gervan LLP understand the system and are here to help those struggling with their claims get the benefits they deserve.

Call Us For A Free, No-Obligation Consultation!

Short-Term Disability Questions and Answers

What is the difference between short-term and long-term disability insurance?2024-01-22T21:31:10-05:00

Short-term disability (STD) covers a portion of your salary for a brief period, usually up to 6 months, for temporary disabilities. LTD kicks in for more serious, long-lasting conditions.

How quickly do short-term disability benefits start?2024-01-22T21:31:32-05:00

Benefits usually start after a short waiting period, often a few days to a couple of weeks after you become unable to work.

Can my short-term disability claim be denied, and what can I do if it is?2024-01-22T21:32:01-05:00

Yes, claims can be denied for various reasons. If denied, it’s advisable to consult a disability lawyer to review your case and advise on the next steps, which may include appealing the decision or legal action.

Can I receive other benefits like EI or Workers’ Comp while on STD?2024-01-22T21:32:26-05:00

Receiving other benefits can affect your STD entitlements. Policies often require coordination with these benefits, reducing the amount paid by the STD insurer.

How do I document a short-term disability claim?2024-01-22T21:32:46-05:00

Documentation involves providing comprehensive medical evidence, including doctors’ reports and possibly results from diagnostic tests, to support your claim.

What is the typical appeal process for a denied STD claim?2024-01-22T21:34:20-05:00

The appeal process usually involves submitting additional medical evidence and arguments to the insurer challenging their decision. If unsuccessful, legal action may be necessary.

Recent Articles

Disability Claims Articles

McNally Gervan – Trusted Legal Service for Disability Claims

Navigating disability claims can be complex and challenging. If you have further questions or need personalized assistance, McNally Gervan’s experienced lawyers are here to help. Contact us for a free consultation to discuss your specific situation and explore your legal options with our team.


359 Kent St #200, Ottawa, ON K2P 0R6

Phone: (613) 238-1424

Toll Free: 1-855-592-1669


Go to Top