Disability Lawyer

There are several types of disability benefits available to persons who are rendered unable to work due to injury, illness or medical condition. They include: short and long term disability benefits, critical illness insurance, disability mortgage insurance etc.

The Canada Pension Plan (CPP) contains programs that are intended to compensate workers for suffering long term disability (LTD). All those workers who have paid into the CPP may qualify for disability benefits if they are rendered unable to work due to injury, illness or medical condition.

These benefits offer a certain amount of protection since they provide a portion of your income that can go towards paying for bills, expenses, medical treatment/rehabilitation. This provides an injured person and their families some relief in monetary terms and offsets the financial hardships they have suffered as a result of being unable to resume work.

What Are Long Term Disability Benefits?

Most people get LTD benefits as part of their regular work-compensation package and this is usually deducted from their monthly paychecks. The LTD plan is a first-party contract and obliges the insurer to arbitrate claims made on this policy in good faith.

Usually, the policy provides benefits for the first two years if the injured person is unable to work at their own occupation. To qualify for further benefits, the person should be unable to work at any occupation for which they’re reasonably qualified/trained by education/experience/skill.

LTD benefits are cost-dependent, driven by industry factors such as volume of insurance, qualifying period, definition of disability etc. The average payment for 2014 was $903 and the maximum payment in 2015 was $1265 per month.

Common Problems Faced While Availing Benefits

The application process involves filling out the application forms and sending them to the appropriate Service Canada processing centre. All the required forms, in the correct format have to be submitted, or your application will not be processed. Appeals are allowed.

If approved, benefits are awarded including any back-benefits owing. Payments continues till age 65 or until such time as the person is no longer disabled.

Some issues faced by applicants include:

• Not meeting minimum qualifying period – the applicant should have worked for at least 4-6 years prior to applying
• Not having full support of treating physician in declaring person unable to work
• Biased, incompetent or unethical doctor
• Beneficiary gets only what their policy entitles them to, e.g. if your employer purchased the policy
• Winning benefits could result in overall income reduction
• Award of retroactive benefits can cause unexpected tax liability

Insurers’ Obligation

In a 2015 case, Dube vs RBC Life Insurance Company, LTD benefits were denied to the injured person because he had failed to notify RBC of the accident/disability within the prescribed time. Mr Dube had been incorrectly informed by his employers that he did not have LTD benefits, which in fact he did. The court ruled that plaintiff’s claim was valid and payable till age 65.

If you or a dear one has suffered disability due to injury/illness, consult an experienced personal injury lawyer to help you get the LTD benefits you’re entitled to.