If you are unable to earn an income due to a disabling illness or medical condition, long-term disability benefits can protect you as an income replacement. In Alberta, the most common source of long-term disability benefits is through group disability insurance policies which are frequently available through employers. This is when an employer provides benefits as part of a group policy. You can also purchase long-term disability insurance privately through a broker.
Long-term disability plans can vary depending on the provider. It is essential to check your plan to know what benefits you may potentially receive.
The value of a long-term disability claim varies depending on your insurance company. Specific plans will provide a monthly payment covering a certain percentage of your income, usually around 60-70%. Other plans may provide a fixed value while some will provide a percentage of your income but cap it at a specific value. For example, a plan may pay you 65% of your income, up to $2,500 a month.
It’s important to familiarize yourself with your insurance company’s policy to determine what percentage of your income you may receive. Consider contacting our Camrose long-term disability lawyers to schedule a free initial consultation.
If you are denied long-term disability benefits, you may be able to sue. You may be able to claim the past benefits that were owed, interest on those benefits, mental anguish due to the denial, and punitive damages, among others. When suing, you can request a continuation of monthly payments with a payment for covering the past benefits owed, or you can also request a one-time lump sum payment to be provided. The type of payment you receive is often negotiated with the insurance company.
Hiring a lawyer to help you with your lawsuit can be helpful, as disability law is complex. If your long-term disability claim is denied, and you wish to sue, you must do so within two years of the denial. You may want to reach out to our long-term disability lawyers to arrange a free initial consultation to discuss your potential claim.
When you apply for long-term disability benefits, you will need to demonstrate that you are unable to complete your duties at your current job. This is known as the “own occupation test.” After a certain period, usually two years, insurance companies will assess whether your medical condition stops you from working in any job that would be appropriate for you based on your training, skills, and experience. This is known as the “any occupation test.”
These tests are used to assess the severity of your disability and to assess if you meet the insurance company’s threshold for “totally disabled.” At the minimum, you can only apply for long-term disability benefits if your illness or medical condition prevents you from working. It may be useful to keep these two tests in mind as you consider starting your application.
Applying for long-term disability benefits requires foresight and planning. Before making a claim, you should review your policy to see the specific requirements, such as waiting periods before you can apply and how disability is defined in your plan.
You should then consult with your doctor. Getting medical attention is the most essential part of a long-term disability claim. Your doctor should work with you to determine if your medical condition stops you from being able to work. Without a precise diagnosis from your doctor, it is unlikely that your claim will be approved. Make sure to gather the necessary medical documents to support your claim.
For most long-term disability claims, there are three key parts: an application form, acquiring medical documentation, and employer reports. These parts will outline the details of your claim, disability, and employment. Once you complete these forms, submit them to your insurance company. Often, the insurance company will follow up and ask for additional information.
Once the insurance company reviews your application, they will notify you of their decision. If they deny your claim, contact our long-term disability lawyers for a free initial consultation. We may be able to assist with disputing the decision.
If you receive a denial for your long-term disability claim, it’s vital that you understand the reason for the denial. Common reasons to deny your claim include:
If you are denied long-term disability benefits, the insurance company will provide a rejection letter that outlines their reasons. If their reasoning is not clear, you should reach out to the insurance company for further clarification on why they are denying your claim.
Keep your rejection letter, as it limits an insurance company’s ability to change their reasons for denial later on. It will also help you craft a strong appeal that highlights why you are, in fact, disabled and are entitled to long-term disability benefits. This letter usually outlines their appeal procedures and formally starts the timeline for making a legal claim.
If you are eligible to dispute your claim, our legal team may be able to help. We know the tactics insurance companies use to deny valid long-term disability claims and have experience with claims like yours.
It can be easy to feel like your world is ending when you are forced to take time off work because of an illness or injury. For many Camrose locals, long-term disability benefits are a much-needed protection from financial hardship. Without these benefits, it can be challenging to stay afloat. This is where our expertise comes in.
Our Camrose long-term disability lawyers are here to support you. We look out for your best interests and will fight for the benefits you deserve. The best part is we don’t get paid unless you win. Reach out to our team to schedule a free initial consultation with our long-term disability lawyers to learn more about how we can help you.
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