When a long term disability claim is denied, the insurer will usually provide an option to appeal the decision. Unfortunately, LTD appeals are rarely successful.
An appeal is not the only option. You can also retain a long term disability lawyer to commence a lawsuit against the insurer. Unlike appeals, lawsuits have a very high success rate.
STEP 1: LTD Claim Denial
LTD claims are denied either after the initial application, or following a period of benefit payments. The insurance company will provide written reasons explaining its refusal to pay. Common explanations include lack of objective medical evidence, no evidence of impairment, a pre-existing medical condition, failure to participate in treatment, longer than expected recovery times, or a general statement that you do not meet the test of disability, either for your “own occupation” or “any occupation”.
STEP 2: Appeal or Lawsuit
You have the right to appeal and the right to commence a lawsuit.
Very few LTD appeals are successful. The appeal is not decided by an independent decision maker, but is to the same company that denied your LTD claim in the first place. Unless there is new compelling evidence not available at the time of denial, most appeals are doomed to fail. Some companies will allow up to three appeals. Each appeal can take months. You should consult a long term disability lawyer before appealing on your own. Michael Jordan will assist with your appeal free of charge. Also consider the tips in the blog post: How To Write a Long Term Disability Appeal Letter, Top 10 Tips.
Unlike appeals, lawsuit success rates are very high: more than 95% for a skilled long term disability lawyer. Once you retain an LTD lawyer, there will be no more direct contact with the insurance company. Your lawyer will handle everything. This will include obtaining the insurer’s file and analyzing it to discover errors, mistakes, and weaknesses; preparing a statement of claim and issuing it with the court; obtaining and paying for updated medical and other records that support your claim; securing and paying for expert opinions; attending to all legal issues as they arise; and, negotiating the settlement of your LTD claim. You are involved as much or as little as you want to be while the litigation is ongoing.
It is important to consult with an LTD lawyer before deciding between an appeal and a lawsuit.
Step 3: Settlement
There are two types of LTD settlements. The first is reinstatement, where past benefits owing are paid and the insurer resumes payment of monthly benefits. If your appeal is successful, you are back “on claim”, meaning the insurer can request more medical records, send you to assessments, conduct surveillance and other investigations, and require your participation in specific treatment or rehabilitation efforts. There is nothing preventing the insurance company from denying the LTD claim again at some unknown point in the future.
The second, and more common type of settlement, is “full and final”. This type of settlement usually only occurs when a lawsuit has been commenced. It is unlikely that an appeal would result in a single lump sum amount for both past and future benefits. The amount of the lump sum settlement is determined by many factors, including the value of past benefits owing and the value of future benefits for the remainder of the policy, typically to age 65. This sum is then reduced for the relative strengths and weaknesses of the case, the present value of money, and other factors. The settlement will either be entirely tax free, or mostly tax free, depending on your policy. You will be done with the insurance company, although you can usually maintain your medical and other benefits.
Secure the long term disability benefits you are entitled to
Michael Jordan is a long term disability lawyer in Toronto serving the entire Greater Toronto Area, including Hamilton, Oakville, Mississauga, Brampton, Newmarket, Pickering, Ajax, Whitby, Pickering, Oshawa and surrounding areas.
Michael is a founding partner of the Bay Street litigation firm Jordan Honickman Barristers. He has more than 18 years experience resolving long term disability insurance claims. Michael recovers millions of dollars for his clients every year, with a success rate of more 97%. He provides no cost LTD appeal advice, free LTD case evaluations, and a “No Fee Guarantee”.
If you have been denied long term disability benefits, DO NOT GIVE UP! The best long term disability lawyers have the skills and resources required to level the playing field between you and the LTD insurer.
If your LTD claim has not yet been denied, but you have concerns the insurance company is not treating you fairly, or is laying the groundwork for a denial, you should seek legal advice from an LTD lawyer before your claim is denied.
Over 65 Five Star Google Reviews
Michael Jordan is a honest, fair and intelligent lawyer! He is very patient and spends as much time as is needed to ensure his clients understand what he is doing. I would highly recommend him! Sandra Clarke
Michael Jordan is a man you want on your side! He is compassionate, caring and beyond knowledgeable! He will never steer you wrong! Michael Jordan has already made a huge impact on our family and will always be our go to guy!
Michael Jordan was my lawyer for my long term disability case. I would recommend using him for a LTD case. He was very knowledgeable, helpful and always available when I had questions.
Review for Mr. Michael Jordan, Long Term Disability Lawyer. I am not usually a person who leaves reviews, but on this occasion I felt compelled to given the exceptional service I have received. I was in a situation where I required urgent guidance regarding an LTD matter, I decided that I would find someone who had a very high google review...
I contacted Michael for my long term disability claim. My LTD had been denied and so I reached out to him for help. The process from beginning to end was perfect and simple. He really is there for any questions or concerns and is so kind and helpful. He makes you feel less alone and cares about your well being. With his help I was able to get a...
Patient and kind, thorough and knowledgeable, that's Mr Jordan.Im grateful to have made a connection such as this! Thank you.
Michael Jordan is a Wonderful Caring Understanding Professional man that truly helped me when my LTD was denied several times as most are. I knew many people give up but I was entitled to LTD. I called Michael and sent all of my information with all of my medical and he said I had a case. He will take a percentage only if he wins which he did...
Many LTD lawyers will give you advice that will be biased to their advantage. Michael is the only lawyer I spoke to who wants what’s best for you, and does not care if he benefits from your decisions. His advice is fair, he is honest, and I would not trust anyone else with my case. He will tell you what is best for you. I appreciate him so...
Michael Jordan will personally return your calls. He listens to you and provides excellent advise. I strongly recommend him.
Michael was very pleasant to deal with. I'm pleased with the work he did for me, always replied and understood my issue and supplied useful information. I highly recommend him.
My experience with Michael Jordan was excellent. I was given much needed advice and everything was explained to me in very clear terms. Response time was outstanding! Michael was reassuring and compassionate and was able to resolve my disability claim very successfully. I would highly recommend Michael and his team to anyone.
Margherita Del Grosso
Mr. Jordan responded immediately to my first phone inquiry and has been readily available for detailed consultation and support throughout my long-term disability application. As the claim was finally approved and no litigation was required, there was no fee. Knowledgeable, professional and kind, there is no doubt that I will direct all my...
Michael Jordan is a wonderful lawyer. He is polite, very courteous and very professional. He answers his phone, responds to messages and takes the time to clearly explain the information that you need to know. He helped me out with an issue on little notice and was beyond helpful. If I could give him a higher rating than 5/5, I definitely...
I feel very fortunate to have come across Michael Jordan's practice. His responsiveness, sense of service, and professionalism inspired a lot of confidence in me to pursue my case. I highly recommend him to anyone who finds themselves in an overwhelming insurance process.
I recently had the pleasure doing business with Michael, he was very professional and did what he said he was going to do. Michael kept me updated through the entire process! I would highly recommend Michael's services and best of all I got the outcome I was expecting!
Very refreshing to have a lawyer actually pick up the phone himself. Gave me excellent advice free of charge regarding my LTD questions. Would highly recommend.
I would highly recommend Michael Jordan. From the very beginning, he was attentive, clear and precise with his direction, quick to respond and helped me through a very difficult time in my life. He assisted in making this process much smoother than I could have ever anticipated and I was very happy with the outcome. I would not hesitate for a...
Micheal Jordan is very knowledgeable and helpful in regards to long-term disability claims. Very willing to help by explaining and listening/understanding the problem. I would reccomend his services.
Thank you Michael, for your hard work. I like that if I needed anything your office was there to answer my question in a timely manner. You know your information and it was a great help on the case. Michael is respectful, hard work and knowledgeable gentleman that wants the best for he clients. Thank you Michael and Your team for your...
E. Anne Allan-Denys
LTD lawyer, Michael Jordan, jumped right on board to take my case, even though he did not have much time to prepare before the closing date of my case -due to my error. Also, Michael was right up front in our initial contact with his fees.
Due to the Covid-pandemic, we communicated through e-mails -including him taking correspondence...
Mr Jordan came into my disability fight with patience and kindness. He turned my situation around when I was being taken advantage of. He is very knowledgeable and knew exactly how to execute a plan to my benefit. He did exactly what he said he would do, and that is... Win! Thank you Michael Jordan. Much Appreciated!!
Great lawyer to represent you with legal matters. Michael answered the phone personally and listened to my initial concern. He then set up a meeting face to face (prior to COVID) and the rest was history. He is very professional and understanding. Michael was able to get me settlement and get the insurance company to pay.
I would strongly recommend Mike to represent you in a legal action. He is by far an excellent lawyer. Not only is he by far outstanding when it comes to the law but he knows how to handle your case from start to finish and win your case! He is the staple example of what a lawyer should be (has integrity, compassionate, honest, trustworthy,...
I strongly recommend Michael Jordan services as he displayed a high level of integrity. Michael proved to be responsive, knowledgeable, and professional with a high degree of emotional intelligence. My stress level was lessened with his attendance, support and knowledge of my case and situation. Retaining his services was the best thing I could...
Michael helped me with my STD and LTD case as my Insurance company denied all my applications from the beginning. His insight, dedication and professionalism has helped reach the agreement. I highly recommend him because whether it is your first time with a lawyer or not you will be treated like a known customer you will surely get help and...
Strongly recommend. Michael Jordan is professional, detailed and articulate. He can explain complicated issues and has the ability to translate them into a simple understandable terminology. My family was devastated when my LTD claim was denied. Michael defended my position and pursued the incident relentlessly. My very stressful situation...
Michael is one of the kindest and most caring lawyers. He was so patient with me and extremely attentive. Any time I had a question or concern, he would assure me that everything was going to be okay. During this difficult time as it is, he was able to continue with a mediation with ease and was able to have my case resolved to my utmost...
I was diagnosed with a chronic illness which made it impossible for me to do my daily responsibility of my workplace as well not including all my doctors and specialist appointments. I applied for my long-term disability that was provided by my workplace benefits. Unfortunately I was denied even with all the doctor's medical documents to...
When my family member was off of work and dealing with long term disability she went to Michael and was very pleased with his honesty, professionalism and candor. He worked hard and achieved a very positive result.
I am a lawyer and I have recommended Michael to many people because of the above-noted qualities.
Millions of Dollars Recovered
Our client sustained serious injuries in a motor vehicle accident. She advanced claims against her insurance company for income replacement benefits, medical expenses, and cost of care. The claim settled for close to $2 Million dollars.
Our client was a successful business person. When his LTD claim was denied, he retained Michael Jordan who secured expert medical evidence that was instrumental in resolving the case.
Our client was unable to work due to debilitating depression and anxiety. The disability insurer denied the claim, but when faced with litigation, a settlement was achieved.
Our client was diagnosed with life threatening cancer, which resulted in a severe psychiatric response. The claim was denied based on an exclusion in the policy. The exclusion, however, was poorly drafted and the case quickly settled.
Brain fog, fatigue, and inability to focus and concentrate were the main symptoms. The insurer denied the claim due to lack of objective medical evidence, even though there was no requirement in the policy to provide objective medical evidence, and the nature of the impairments were inherently subjective. The case settled after litigation was commenced.
The claim was denied because our client was not participating in appropriate treatment, but his mistaken belief that he did not need treatment was a symptom of his disability. An expert psychiatrist was retained to provide opinion evidence that the failure to participate in treatment was a symptom of the underlying illness. The case quickly settled.
Our client had surgery to remove the tumour, but was left with severe chronic pain and anxiety. The case settled on favourable terms.
VERTIGO AND NAUSEA
The insurer did not believe our client’s self reported symptoms. During the litigation, extensive medical records and reports were obtained that supported disability and a fair settlement was achieved.
The claim was denied because there was no medical explanation for the sudden onset of chronic fatigue syndrome. Two expert reports were secured, and the case settled at mediation.
Our client suffered from severe anxiety that made work impossible. Despite this, her LTD claim was denied. It settled shortly after a lawsuit was commenced.
Our client was involved in a motor vehicle accident many years ago. He continued to suffer chronic pain, but the LTD insurer denied his claim. Expert opinion evidence helped secure the settlement.
The insurance company denied the claim after the two year “own occupation” test of disability changed to “any occupation”. Evidence was secured that the client could not work in any job, and the case resolved.
Previous results are not necessarily indicative of future results. Contact Michael Jordan, long term disability lawyer, for an assessment of your claim.
SECURE YOUR BENEFITS
Free Consultations 416-460-6823
NO FEE GUARANTEE
Michael Jordan provides free legal advice to everyone who contacts him. If you decide to formally retain Michael to be your long term disability lawyer, you are entitled to a “No Fee Guarantee”.
This means you pay absolutely no fees or other expenses unless successful, and the legal fees you do pay are a fixed percentage of your recovery.
There are several advantages of Contingency Fee Retainer Agreements:
You do not pay anything unless successful, not even the taxes or disbursements
The percentage you do pay is fixed in advance
Your lawyer is motivated to move the LTD claim forward quickly and to obtain the highest possible settlement
Contingency Fee Retainer Agreements are regulated by the Law Society of Ontario
You maintain full control of your claim
Call or complete the contact form to arrange a free consultation.
All calls and form submissions go directly to Michael Jordan, Long Term Disability Lawyer, not a receptionist or legal assistant. Michael will provide immediate free legal advice, and answer all of your LTD questions. If you would like to meet in person, Michael has offices in Toronto, London, and Ottawa, plus he will come to your location almost anywhere in Ontario.