long-term disability (LTD)
You may be eligible for long-term disability (LTD) benefits if you are covered by an LTD insurance policy either through your employer, a group benefits plan, or an independent insurance policy. In order to receive these benefits, you must be unable to work due to an illness or injury.
Though you might become unable to work due to any medical condition, some of the more common medical conditions leading to disability are cancer, fibromyalgia, chronic pain, headaches and migraines, PTSD, anxiety, depression, neurological disorders, heart disease, heart attack, and stroke.
You must meet the test for disability as set out by the contract of insurance providing you coverage. Though the test for disability may vary between policies, generally speaking, you must have an illness that prevents you from performing the essential tasks of your current occupation. This is known as the own occupation test.
Usually, this test applies to your disability for the first two years after your disability payments start. After two years, the test usually changes such that a person must show that they are unable to perform any job for which they may be reasonably qualified by way of education, training, or experience. This known as the any occupation test.
Of note, there is often a waiting or elimination period before you can apply for LTD benefits. This is also set out by your insurance policy, and can be anywhere from 60 days to 180 days. In the interim, you can apply for short-term disability benefits (if available to you) or EI benefits.
Unfortunately, many legitimately injured or sick people have their LTD claims denied, even when their family doctor is supporting their disability. The insurer may do this through a review of your medical records, or by having you attend a medical assessment of their own.
Contact Us If You’ve Been Denied Your Long-term Disability Claim
If you have been denied your long-term disability benefits, it is very important that you talk to a Long-Term Disability Lawyer, since there are strict timelines for pursuing a long-term disability benefits claim. We will protect and fight for your rights to either have your LTD benefits reinstated, or have your claim settled for a fair amount to reflect the level of your disability and needs. Contact us today for a free consultation.