Long-Term Disability Lawyers in Alberta
If you have recently been hurt in an accident and are not sure of what is involved in recovering long term disability benefits, it is necessary to find Alberta long term disability lawyers who will thoroughly investigate every aspect of your claim and give you the answers to your most pertinent questions.
What it Takes to Receive Long Term Disability Benefits
You need to know what it takes to win as well as to keep long term disability payments in Canada if you have been so hurt in an accident that your employment future is unknown or impossible.
Unfortunately, Diamond and Diamond lawyers have had to represent a large number of clients who have been unfairly denied benefits for long term disability. Whether it is under a group disability insurance policy or a private policy, the presentation of proper evidence is vital for recovering long term disability benefits. These cases rely heavily on getting the necessary medical evidence to show that the disability is covered by the policy in question.
Most Common Disability Application Issues
The vast majority of issues associated with disability benefits have to do with filing an appeal in a timely fashion and the preparation and presentation of proper evidence.
Many long-term disability insurance policies in Canada contain time limits that can be very challenging to interpret. This means that as soon as possible after your disability benefits have been denied, and ideally before you initiate the application to begin with, you will need to consult with an attorney to learn more about your rights.
Lawyers with Experience on Disability Issues
If your long-term disability benefits policy is covered by your employer, your boss may be able to give you some limited guidance about how to submit a claim. However, for those individuals who have their own policies, going through the red tape to file a disability claim can be much more difficult.
Private disability plans in Canada will only pay benefits after a waiting period has expired. You will need to read through your particular policy to figure out the waiting period in your individual case. It is in your best interests, however, to initiate a long-term disability benefits claim right away.
Many private policies also have plans for long-term benefits in the event that you become totally disabled from your entire occupation. Given that the waiting periods can be between 30 and 90 days, you need to take prompt action to consult with a long-term disability lawyer immediately. In order to succeed with a long-term disability claim, you must be able to show a few different elements in your case. You will need to present your evidence in the appropriate manner to have the best possible chance of recovering the compensation you need. There is no doubt that you are dealing with the financial stress of paying your medical bills and trying to take care of your household bills without the support of your job.
Committed Legal Representation for Victims
You are also dealing with the physical pain of recovering from your injury. This can be too much to bear for someone who is simply trying to get the benefits that they thought they were entitled to under their policy. That is where an Alberta long term disability lawyer comes in to help advocate for you and give you the best chance to recover maximum compensation.
When the insurance company is not keeping you informed about your case or has unfairly denied your benefits, you deserve to have an attorney working for you from that very moment to advocate for your best interests. You cannot count on anyone else in this process to be looking out only for you. Only a long-term disability lawyer in Alberta will be there for you to investigate your claim and identify mistakes that the insurance company may have made.
Prompt action is required if your claim has already been denied. You may think that the facts are obvious and that your injuries are so severe that there is no question that you should be getting long term disability benefits. However, if you wait too long to get help and avoid the proper actions to protect yourself, major problems may follow.
You need the support of an attorney immediately to help you avoid the most common obstacles found in many of these cases. Having an attorney on your side can increase your chances of success so that you can remain focused on your medical care and trying to recover as much as possible.
If your life has been turned upside down because of a catastrophic accident caused by someone else and you believe your long-term disability benefits are being unfairly denied, you need a lawyer to prepare your injury claim immediately and to advise you about your rights as you proceed.
The appeal process in Alberta has two levels. First Level consists of submitting additional information and requesting an appointment (optional) with the adjudicator to discuss the discontinuation of benefits. Second Level consists of submitting additional information and a hearing where the employee or their advocate makes representation to the Second Level Appeal Board. You must complete and submit a Notice of Appeal within 30 calendar days from the date of the letter sent by your Service Alberta LTDI Liaison Officer advising of the denial or discontinuation of LTDI benefits.
While if you are suffering from PTSD, severe anxiety, or other mental health conditions due to an accident, you can file a long-term disability claim. However, proving to the court that you are disabled and incapable of working due to any mental health-related condition can be more challenging than physical injuries, and thus it’s likely your claim will be denied. In this case, you must get help from personal injury lawyers who can help you.
Yes, the presence of a pre-existing conditions is one of the most common reasons for long-term disability claim denials. When reviewing possible pre-existing conditions in long-term disability policies, insurance companies often take a very broad approach in their examination, which can lead to a claim being unfairly denied. Even after examining all the facts, some insurance companies will find a way to reject a claim. When faced with a long-term disability claim denial, it’s best to seek help from experienced lawyers who can help you.
If your claim for long-term disability (LTD) benefits is denied, or if you have been receiving benefits and the payments are terminated, the insurance company will inform you in writing and provide the reason why. If your claim has been denied or your benefits were terminated, and you do not agree with the decision, you have three options:
1.Appeal the decision
2.File a lawsuit
3.Negotiate a Settlement
With the coronavirus pandemic, relatively new reality research is still going on. The consensus is that patients with mild cases of the illness should not anticipate any long-term effects. However, if you experience long term effects like loss of liver function due to the disease, you can apply for long-term disability coverage.
In case I’ve recovered enough to get back to work part-time while still on long-term disability benefits, will I still continue getting benefits?
If the adjudicator of the firm you are working for determines that you are disabled from performing regular duties but is fit for gainful employment, you are eligible for:
1.Benefits for up to three months from the date of being assessed by the adjudicator as fit, or the date of gainful employment, whichever comes first
2.Income maintenance for up to 36 months from the date of being found fit for gainful employment or until the employee’s 65th birthday, whichever comes first.
A long-term disability lawyer will assess your case to validate your claim and try to help you understand why you were cut off or denied your benefits. Following that, the disability lawyer will file a suit on your behalf to get you the best settlement possible.