Long Term Disability Claims and the COVID-19 Pandemic

The health crisis posed by the impact of COVID-19 means everyone will be impacted in different ways. Elderly persons and those with pre-existing health conditions are most vulnerable to the virus.

What Happens if You Are Denied Long-Term Disability Benefits during the Covid-19 Pandemic?

Disability policies of insurance remain in force during the pandemic. If the policy is in good standing and premiums have been paid, your rights under the policy remains in effect. If you become disabled for any reason, you have the right to make a claim for disability benefits.

If you are denied benefits under a policy of insurance during the pandemic, you have the right to pursue the insurer and we can help you. The COVID-19 pandemic does not allow a long-term disability insurer to cancel coverage or deny claims.

Disability insurance is meant to protect you from being unable to work due to a disability as defined in your policy of insurance. If you able to prove that your injuries or disability has rendered you unable to work, your claim should be accepted, and benefits should be paid. Unfortunately, long-term disability insurers don’t always honour their commitments and will deny claims for a variety of reasons. If this happens to you, we can help.

What is a disability?

Disabilities can be physical, mental, emotional or psychological in nature or a combination of physical, mental, emotional or psychological disabilities. Coverages depend on the wording of the policy. Our disability lawyers will carefully review your specific policy and advise you of your rights. You can become disabled due to a medical condition or injuries sustained in an accident.

How to prove a disability?

In general terms, the inability to work due to a disability is proved by submitting credible medical evidence obtained from health care providers and expert. Our lawyers will assist you in obtaining the required medical evidence needed to prove you meet the test of disability under your policy of insurance. Our disability lawyers will write to your health care providers to obtain medical files and test results and hire specialist and experts to prepare medical-legal reports in support of your claim for benefits.

What benefits are paid under a long-term disability policy?

Coverages for disability payments vary policy to policy. Your policy will set out your entitlements. Our lawyers will carefully review your policy and advise you on what your entitlements are.

How long are disability benefits paid?

The length of time disability payments are paid varies from policy to policy. However, most policies will pay benefits up to age 65.

Some policies limit payments for a specific time period and that would be set out in the policy. We will review your policy to determine what coverages you are entitled to.

What is the difference between short-term disability and long-term disability?

It is important to mention that most policies will have a short-term and long-term disability coverage definition of what your insurer considers to be a “disability”.

In general terms short-term coverage is for two (2) years from the date of disability and after two (2) years the policy is considered a long-term disability policy. In most cases the definition of what is a “disability” will change after two (2) years. It becomes harder to meet the new definition.

All policies are different. However, most long-term disability policies provide that if you are unable to complete the essential tasks of your specific employment, you will be paid benefits for two years. Thereafter, the test of disability changes and benefits will be paid if you can prove that you are unable to work and are disabled to the point that you are unable to work in any occupation for which you are reasonably qualified by virtue of your training, education, and experience.

Our lawyers will assist you in obtaining the necessary evidence to support your claim for short-term and long-term disability benefits.

We Can Help

Remember, Covid-19 does not allow insurers to deny your claim.

If you have been denied disability benefits, contact one of our experienced personal injury and disability law lawyers at 613-315-4878 or email us at mquinn@ottawalawyers.com.

We offer free consultations and work on a contingency fee basis, meaning we charge a percentage of your settlement obtained. We do not charge a fee if we do not settle your claim.

NOTICE:

This article is meant to provide general advice only and not intended to provide legal advice. Every case is different, and you should consult an experienced disability law lawyer to obtain advice specific to your case.

Limitation periods can affect your claim and entitlements. In Ontario, there are strict time periods by which you must commence a court action or otherwise forever lose your right to sue. It is important to know what this limitation period is in your specific case. You should consult a disability law lawyer without delay.

Marc-Nicholas Quinn Lawyer and Mediator Tel: (613) 315-4878 Fax: (613) 230-8297 www.ottawainjurylawfirm.com