Long-term disability benefits (“LTD”) is meant to serve as a peace of mind for individuals who purchase this benefit privately or receive benefits through their employer.  If you are ill or suffer from an injury which prevents you from returning to work, this insurance provides you with a portion (usually a certain percentage specified in your policy) of your income which can be used to minimize any financial strain you might sustain due to the inability to return to work from your illness/disability and/or medical condition.

Every LTD policy is not created equal.  Policies vary from when the benefit becomes available, the percentage of the claimants income which is payable, whether any other disability received (such as Canada Pension Plan Disability) offsets the amount of your monthly entitlement, and to the definition of what “LTD” means itself.  Generally, LTD policies provide the benefit initially for two years following your disability if you are unable to meet the demands/requirements for performing your own occupation.  However, after the two-year mark, most policies specify that in order to be entitled to LTD benefits, the claimant must be unable to perform the essential tasks required by any occupation for which you are reasonably suited/qualified by education, training or experience.

When making a claim for LTD benefits, you need to be aware of the deadline or time limitations in your policy which may affect your ability to assert your LTD benefits claim. Furthermore, if you have applied for the benefit and have been denied, you have a time limitation in which you may appeal the decision or commence a court action against the insurance provider. Each policy is different with respect to the time limitations, and if you are unsure as to when this may be or have questions about your policy when applying for LTD benefits, it is important that you contact a lawyer who can guide and assist you through the process of your LTD claim and the time limitations which will affect your claim.

Disability benefits can be complex and frustrating to manage, especially when you are suffering from an illness or injury which is preventing you from returning to work. If you or a loved one are unable to return to work from an illness or injury and have disability coverage, or have been denied LTD benefits, please do not hesitate to contact the personal injury team at Daniel & Partners LLP.

Blog post written by Seerat Pershad, associate lawyer at Daniel & Partners LLP.

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