Long Term Disability Lawyers Burnaby
A disability can befall someone at any time in their life. If you cannot work and are refused benefits from CPP or WCB, contact one of our long-term disability lawyers for a free consultation. We’ve worked with clients on claims relating to Long Term Disability Claims, Canada Disability Pension Benefits, and WCB Pension Benefits. If you are owed benefits, we want to ensure the compensation you’re eligible for is what you receive.
Why Hire a Disability Lawyer in Burnaby
Dealing with an insurance company can be stressful. Insurance companies do not have your best interests in mind. Insurance companies hire the people who review your claim; they always work for the benefit of the insurer. Having a legitimate long-term disability does not guarantee claim approval. The outcome of your case mainly depends on how well your application is put together. Having an experienced disability lawyer by your side could mean the difference between winning and losing your claim. At Gertsoyg & Company, we will take the stress off your shoulders by dealing with the insurance company on your behalf.
Our lawyers will help you interpret your insurance policy to determine whether your condition qualifies as a disability. Depending on the policy, the term disability could mean the inability to engage in any income-generating activity, and not just your job. In other instances, a disability could mean the inability to perform your job. Your lawyer will read the insurance policy and help you to interpret it.
To prove your disability, you need a valid medical report from a licensed medical expert. The report will help to prove that your condition prevents you from working and meets the insurance company’s definition of disability. Obtaining a valid medical report is challenging and time-consuming. Therefore, a lawyer will handle all the complicated aspects of your case while you focus on getting better.
Our lawyers at Gertsoyg & Company will also help you avoid costly mistakes. They will ensure that you fill the claim forms correctly and that you don’t say something that could be used against you by the insurance company. With a lawyer by your side, all claim documents, including the medical records, will be completed accurately and meticulously.
Do You Qualify For Long-Term Disability?
Long term disability claims can fall under one of two types of policies:
- Private plans which are paid for privately by the party wishing to be insured.
- Group plans which are offered as a part of your employment package.
All disability insurance policies are built on a contract that will pay a percentage of an insured party’s lost income should they be considered disabled from working. This applies to critical illnesses and physical injuries alike, as well as any other conditions that may be listed in the policy.
How to qualify for long-term disability is based on your job description and what your disability restricts you from doing. In most cases, an applicant is considered to meet the definition of ‘disability’ as it relates to a claim if they are unable to perform substantial duties at their occupation for 24 months. After the initial 24-month period, to continue claiming disability entitlements, one must have a severe and prolonged disability.
In most cases, a person is denied disability benefits if they have not provided enough medical evidence of the disability. A long-term disability lawyer can help you obtain medical assessments from independent specialists and treating physicians to support your claim.
Long Term Disability Insurance Claims
A lot of long-term disability claims are denied under the assumption that they’ll go away and won’t be appealed. CPP and WCB are both guilty of having a policy that denies a large percentage of qualified applicants. Claimants, however, don’t have to accept their decision. Hiring a long-term disability lawyer in Burnaby, you can appeal to receive the benefits you’re entitled to.
After consultation with your lawyer, for disability applicants who have been wrongfully denied their benefits, you may be eligible to make an additional claim against your disability insurance company based on their breach of duty to treat an applicant with utmost good faith. In some cases, punitive and/or aggravated damages can be sought.
Life, Accidental Death, and Dismemberment Insurance Claims
For those that opt to have enrolled in life insurance, this is where an insurer commits to pay a designated beneficiary a sum of money, upon the death of the insured, in exchange for a premium.
Mortgage Disability Insurance Claims
This type of disability insurance covers the risks of the insured becoming disabled as it relates to paying a mortgage. A lot of mortgage lenders require a borrower to opt-in on this policy, guaranteeing that they receive continued mortgage payments in the event that the insured becomes disabled and is rendered temporarily unable to make them.
House Insurance Coverage Claims
House insurance is well understood to cover the cost of replacement or repair of property impacted by damages, including fires, floods, and similar eventualities listed in the insurance policy.
This relates to long-term disability claims because, in the denials of life, mortgage, and house insurance, the insurance company blames the victim just like they do with disability. Common allegations include misrepresentation of one’s circumstances, questioning whether premiums have been consistently paid, and agents being tasked with examining loopholes in the insurance contract that would allow them to exclude a claimant.
If you are denied benefits, you are generally given only 30-90 days to appeal the decision in writing. To launch a court case, you only have 1 year to file. For this reason, it is very important to contact a long-term disability lawyer in Burnaby as soon as you know there is an issue and get started with a free consultation. You can go over your unique circumstances, and a lawyer can advise on the next steps.
If you have a long-term disability, filing a claim for disability benefits in Ontario shouldn’t be difficult. We’re here to help.
