Many people in Ontario rely on long‑term disability (LTD) benefits when illness or injury prevents them from working. These benefits are supposed to replace a portion of your income and provide financial stability during a difficult time. Unfortunately, insurance companies frequently deny or terminate legitimate disability claims. Understanding the most common mistakes in long‑term disability claims can help protect your rights and improve your chances of receiving the benefits you deserve.
At Landy Marr Kats LLP, our Toronto disability lawyers regularly represent individuals whose LTD benefits were denied or cut off by insurance companies. Below are seven common mistakes that can seriously damage a long‑term disability claim in Ontario and what you should do to avoid them.
1. Waiting Too Long to Start Your Long‑Term Disability Claim
Many people delay submitting their disability claim because they hope their health will improve. However, most disability insurance policies contain strict deadlines for submitting claim forms and medical evidence. Missing these deadlines may allow the insurer to deny your claim regardless of the seriousness of your condition. If you are unable to work because of a medical condition, it is important to start the LTD claim process as soon as possible.
2. Providing Incomplete Medical Evidence
Insurance companies often deny LTD claims by arguing that there is insufficient medical evidence to support the disability. Detailed medical documentation from your family doctor, specialists, and therapists is essential. These reports should clearly explain your diagnosis, symptoms, functional limitations, and why your condition prevents you from performing the duties of your occupation.
3. Continuing to Work Despite Medical Limitations
Many individuals attempt to continue working despite serious health issues. While this effort is understandable, insurance companies may use continued work activity as evidence that you are capable of performing your job. If your condition prevents you from safely performing your duties, medical advice should be obtained and the limitations should be properly documented.
4. Ignoring Requests From the Insurance Company
During an LTD claim, insurers often request additional documentation, updated medical reports, or independent medical examinations. Failing to respond to these requests or missing deadlines can result in a denial or termination of benefits. It is important to respond to insurer communications carefully and in a timely manner.
5. Social Media Activity That Can Be Misinterpreted
Insurance companies sometimes review social media during disability claims. Photos, videos, or posts that appear inconsistent with your reported limitations may be used to question your credibility. Even activities that are medically permitted can be taken out of context. Claimants should be cautious about social media activity during an LTD claim.
6. Relying Only on the Insurance Company’s Medical Assessments
Insurance companies frequently require claimants to attend independent medical examinations arranged by the insurer. These doctors are hired by the insurance company and may not have the same understanding of your medical history as your treating physicians. Detailed reports from your own doctors and specialists are often critical in supporting your claim.
7. Missing the Legal Deadline After a Disability Claim Denial
If your long‑term disability claim is denied, strict legal limitation periods apply. In many cases in Ontario, a lawsuit must be started within two years of the denial of benefits. Missing this deadline may permanently prevent you from pursuing your claim. For this reason, it is important to speak with a disability lawyer as soon as possible after receiving a denial letter.
Do I Have to Pay a Lawyer to Start a Long‑Term Disability Claim?
Many people who are disabled worry that they cannot afford to hire a lawyer because they are no longer earning an income. Our firm works on a contingency fee basis. This means there are no legal fees unless money is recovered for you. In other words, you do not have to pay legal fees upfront to start your case. Legal fees are only paid if we successfully recovers compensation or disability benefits on your behalf.
Long‑Term Disability Lawyer in Toronto
If your long‑term disability benefits have been denied, delayed, or terminated, you may still have legal options. Landy Marr Kats LLP represents individuals across Ontario in disputes with disability insurance companies. Our lawyers assist clients with denied LTD claims, terminated disability benefits, and complex disability insurance disputes.
If you believe your insurer has wrongfully denied your long‑term disability claim, contact our office to discuss your case. Our firm handles disability claims on a contingency fee basis, which means there are no legal fees unless we successfully recover money for you. Contact us.