FAQ

  • My claim has been denied, what should I do?

    You have made the right decision to search for a lawyer. Your next step should be to contact a lawyer who can advise how you should proceed, or answer any questions you may have.  Long Term Disability claims are complex, and require the expertise of a skilled litigator with extensive LTD experience. Be sure to at least consult with a lawyer before taking any steps on your own.

  • How disabled do I have to be to qualify?

    LTD policies have different definitions of what it means to be disabled. For the first two years, the test is usually whether you can perform your "own occupation", meaning the essential tasks of your job before you became disabled. At the two year mark, this usually changes to the more difficult "any occupation" test, meaning if you can work in any occupation for which you are reasonably suited having regard to your education, training and experience, you no longer qualify.  

    These and other definitions in your policy are often unfairly interpreted and applied to justify denial. A skilled disability lawyer will find weaknesses in the insurer's position, obtain additional records, and retain experts to prove you meet both the own occupation and any occupation tests of disability. 

  • I cannot work due to my mental health. I do not have any physical limitations. Can I make a claim?

    Yes. Disability can be physical, psychological, cognitive, or a combination.

  • How long do I have?

    The timelines to appeal and commence a lawsuit are usually different. Even if you have missed the deadline to appeal, you still may be in time to start a lawsuit. There are strict deadlines that apply, so you should seek legal advice as soon as possible. Michael can advise you on this issue without fee and without obligation.

  • Should I appeal?

    Sometimes it makes sense to appeal, such as when new medical information is available that was not part of your initial application. But more often than not, appeals fail. Keep in mind your appeal is to the same company that denied your claim. In most cases, it is better to commence a lawsuit without appealing.

  • Do I have to go to court?

    No.  More than 95% of cases settle without having to go to court. In fact, Long Term Disability lawsuits have a higher settlement rate, and settle much faster, than most other types of litigation.

  • My benefits are taxable, do I have to pay tax if my LTD insurer settles my case?

    Not all LTD benefits are taxable. If you do have a taxable plan, and a lawsuit results in a settlement, generally only payment of past disability benefits are taxed. If the settlement includes payment of benefits into the future, as most settlements do, that portion is not taxable.

  • I am a member of a union. Can I still bring a lawsuit?

    In some circumstances unionized employees are prohibited from commencing a lawsuit, and must instead proceed in accordance with the collective bargaining agreement. There are some exceptions. This is a complicated and evolving area of Long Term Disability law that requires legal advice. Michael is regularly consulted on this issue, and would be pleased to answer your questions without fee or obligation.

  • Can I be terminated from my employment while receiving disability benefits?

    Employers should not terminate your employment so long as you are disabled unless it can prove "undue hardship" or "frustration of contract". If you are terminated, your LTD benefits will continue so long as you remain disabled. You are also entitled to fair severance pay, often much more than the minimums outlined in the Employment Standards Act or offered by your employer. 

  • How Long Will My Case Take?

    Long Term Disability claims tend to move much faster than other types of litigation.  Often settlements occur within a few months, but it can take a year or longer.

My question is not listed here:

Virtually every situation is unique. For answers to your specific questions, please do not hesitate to contact us for a fast no fee and no obligation consultation:

Michael Jordan
Matthews Abogado LLP

Direct Cell: 416-460-6823
Email: mjordan@matthewsabogado.com

  • Toronto Office
    401 Bay Street
    Suite 2600
    Toronto, ON M5H 2Y4

  • London Office
    380 Wellington Street
    Tower B, 6th Floor
    London, ON N6A 5B5
  • Ottawa Office
    61 Renfrew Avenue West
    Ottawa, ONK7V 2Y2


Contact Michael Today

Don’t let the insurance company get away with an unfair denial of your claim. Call now to speak directly with Michael, or complete our confidential form for a quick response, usually within 15 minutes. Michael will guide you through the claims and appeals process, and answer any LTD questions you may have, free of charge.

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