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Long-Term Disability Insurance Claim Lawyer – Ottawa, Ontario

At McNally Gervan, we understand that facing a long-term disability can be a challenging and life-altering experience. Dealing with insurance companies and navigating the claims process can add even more stress to an already difficult situation. Our experienced team of long-term disability claim lawyers is here to guide you through the complexities of long-term disability insurance claims.

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Support and Guidance for Long-Term Disability Insurance Claims

When unexpected circumstances prevent you from working due to a long-term disability, having the right insurance coverage can offer vital financial support. Long-term disability insurance provides benefits when you’re unable to perform your job duties for an extended period due to illness or injury.

Unfortunately, disputes with insurance companies are common. In long-term disability claims, disagreements often arise when the insurer does not accept that the claimant is “totally disabled,” even when supported by medical opinion.

In these situations, claimants often face a difficult choice: return to work against medical advice or sue for denied benefits. The lawyers at McNally Gervan have experience helping individuals whose long-term disability claims have been denied.

Understanding Long-Term Disability Insurance

Long-term disability insurance acts as a safety net, offering peace of mind by ensuring you have income replacement during times of hardship.

Long-term disability coverage is typically offered through group policies provided by employers or purchased individually. Understanding the terms of your coverage, such as the waiting period and benefit period, is essential to plan for your financial future.

Common Reasons for Long-Term Disability Claims

Long-term disability insurance claims are initiated for various reasons, arising when individuals face disabling conditions that hinder their ability to work. Some of the most common reasons for filing such claims include:

  • 1

    Serious Illnesses: Many claims are initiated due to severe illnesses, such as cancer, heart disease, or neurological disorders that can significantly impact a person’s ability to perform their job.

  • 2

    Chronic Medical Conditions: Long-term disability insurance is often utilized when individuals suffer from chronic medical conditions such as diabetes, arthritis, or chronic pain that persist over an extended period, making it difficult or impossible to perform their employment duties.

  • 3

    Accidents and Injuries: Disability claims can result from accidents or injuries that cause severe physical impairments, limiting a person’s mobility and preventing them from engaging in their usual work activities.

  • 4

    Mental Health Conditions: Mental health issues, including depression, anxiety, and post-traumatic stress disorder (PTSD), are common reasons for long-term disability claims, as they can significantly affect a person’s ability to function in a work environment.

  • 5

    Neurological Disorders: Certain conditions, such as multiple sclerosis, Parkinson’s disease, and other neurological disorders may necessitate long-term disability benefits due to their progressive nature and impact on cognitive and physical abilities.

  • 6

    Back and Spine Problems: Chronic back pain, spinal injuries, or degenerative spine conditions can lead individuals to seek long-term disability benefits when these issues severely limit their ability to work.

  • 7

    Chronic Fatigue and Fibromyalgia: Conditions that cause chronic fatigue, such as fibromyalgia or chronic fatigue syndrome, can be debilitating and often warrant long-term disability insurance claims.

  • 8

    Organ Transplants and Other Serious Surgeries: Recovering from organ transplants or other major surgical interventions can require extended periods of time away from work, leading individuals to file long-term disability claims to ensure financial support during their recovery.

It is important to note that the list present above is not exhaustive–other conditions and circumstances can justify long-term disability claims.

Ready To Get Started?

If you’re facing a long-term disability claim, our team is here to offer the support and guidance you need. During your free consultation, our experienced long-term disability claim lawyers will carefully assess your case, address any concerns you may have, and offer tailored advice based on your individual circumstances.

Benefits of Having Long-Term Disability Insurance

Long-term disability insurance provides vital financial support if a medical condition prevents you from working for an extended time, and it helps you cover daily expenses and maintain your standard of living while you focus on recovery.

This coverage also supports your dependents by easing the strain of lost income. With a stable source of income, you can prioritize your health and well-being without added financial pressure.

The Long-Term Disability Claim Process

Navigating a long-term disability insurance claim can be difficult. At McNally Gervan, we’re here to guide you through every step.

  • 1
    Initial Filing: The process starts by filing a claim with your insurer, including medical records, doctor’s reports, and other supporting evidence. Our experienced lawyers can help organize this information to build a strong case.
  • 2
    Review and Evaluation: Your insurer will review your file and may request more documentation or an independent medical exam. Skilled legal representation at this stage helps protect against unfair evaluations or premature denials.
  • 3

    Claim Decision: After reviewing your claim, the insurer will approve or deny it. Many legitimate claims are initially denied. If this happens, you have the right to appeal, and our team can guide you through that process.

  • 4

    Appeals Process: Appealing a denial requires legal insight and strong argumentation. Our disability lawyers are experienced in handling appeals and will advocate for your case effectively.

  • 5

    Resolution: With strong legal support, you improve your chances of reaching a fair settlement or reinstatement of benefits. We aim to secure what you’re owed, including past and future benefits, to support your recovery and financial needs.

Throughout the claims process, our team will provide personalized assistance, keeping you informed at every stage. We are dedicated to ensuring that your rights are protected, and we will fight vigorously to achieve the best possible outcome for your long-term disability claim.

Why Insurance Companies Deny Claims

Filing for long-term disability benefits can be challenging, especially when insurance companies deny valid claims, and if you’re not careful, denials can form from discrepancies in medical records, missed deadlines, pre-existing conditions, or the severity of the disability. 

Insurers may delay payments, demand excessive paperwork, or pressure claimants into accepting reduced settlements. They might also question the legitimacy of the disability to limit or avoid paying benefits.

How a McNally Gervan Long-Term Disability Lawyer Can Help with Denied Claims

At McNally Gervan, our long-term disability lawyers help individuals whose claims have been denied. We have extensive experience with insurance disputes and a strong track record in successful LTD cases.

If your claim is denied, we’ll assess the reasons and pursue the strongest appeal strategy to help you recover the benefits outlined in your policy.

Guiding You Through the Appeals Process

Appealing a denied disability benefits claim can be intimidating, but our lawyers will support you through every stage. We assist with internal appeals and present strong legal arguments to improve your chances of success. When needed, we’re ready to take your case to court and challenge insurers who act in bad faith.

Our team understands how to address unfair practices that may impact your claim. We’re committed to holding insurance companies accountable and taking legal action when it serves your best interests.

You don’t have to handle a denied claim on your own. Our experienced disability lawyers are here to protect your rights and pursue the benefits you’re entitled to under your policy.

Recovering Entitled Long-Term Disability Benefits

We are committed to maximizing your long-term disability benefits. Our experienced lawyers will diligently work to determine the past and future benefits you are entitled to and strive to secure the maximum benefits possible. Our primary aim is to provide you with the financial support necessary to cover your medical expenses and costs of living during this challenging time.

Understanding the actual cash value of your insurance and its impact on coverage limits is also a key part of our process. Our team will carefully explain the terms of your policy and make sure you are informed about your benefits. By providing you with a clear understanding of your insurance coverage, we empower you to make well-informed decisions about your claim and pursue the best possible outcome.

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Speak With Ontario Disability Lawyers Today

McNally Gervan is dedicated to helping people through the challenges of long-term disability insurance claims. Our experienced team of lawyers is here to ensure that you receive the benefits you deserve.
We are here to help you through this journey and will work tirelessly to secure the benefits you need to get your life back on track. If you have suffered a long-term disability and need assistance with your insurance claim, we are here to help.

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Common Questions About Long-Term Disability Claims

The maximum payment for long term disability (LTD) depends on the insurance policy. Most plans provide between 60% and 70% of your monthly income, up to a fixed cap. If part of a group plan, your employer’s insurance contract outlines the terms. Some policies may also offer a lump sum settlement for specific situations, particularly in cases involving future benefit payments or disputes around a denied disability claim.

Mental health disorders, particularly bipolar disorder and depression, are among the most common reasons for filing a LTD claim. Musculoskeletal conditions and autoimmune diseases like rheumatoid arthritis are also frequent. Insurance companies often require extensive medical evidence from your treating physician and other medical professionals to support your claim. When claims are denied due to insufficient medical evidence, an experienced disability lawyer can help contest the decision.

Fees charged by long term disability lawyers vary by case complexity, but most work on a contingency basis, meaning they receive a percentage of the settlement. This is typically capped under provincial guidelines. In Ontario, most long-term disability lawyers charge between 25% and 33%, though this may be adjusted in cases involving valid claims with higher damages or future benefit payment, but we work differently.

At McNally Gervan, we don’t ask for any of the fees upfront, as what we charge is based on the time and effort dedicated to your file, the complexity of your case, and the outcome achieved.

LTD benefits can be delayed by a lengthy elimination period or a qualifying period, during which you may rely on short term disability benefits. Many face denied long term disability claims due to gaps in medical documents or disputes over total disability. Coverage under a group disability insurance plan may limit flexibility, and disability changes over time can impact your eligibility.