In 2012, Statistics
Canada reported that 13.7% of Canadians,
approximately 3.8 million people, were living with some kind of disability.
Disabilities can take many forms and people may have different levels of
ability. When a disability keeps someone from working and earning a living,
it’s important that there is some kind of financial support in place. There are
various kinds of benefits available but applying and receiving financial
assistance can be an onerous process. If a claim is being delayed, if there are
complicated circumstances around the claim or if a claim has been denied, it’s
important to involve the services of a long-term disability lawyer.
How
Long-Term Disability Works
When there is a loss of income directly
related to a disability, a financial claim may be made. Various disabilities
may include, but are not limited to:
· injuries sustained in a vehicle
accident
· deteriorating auto-immune diseases such
as multiple scleroses or fibromyalgia
· symptoms due to a concussion
· Post Traumatic Stress Disorder (PTSD)
· mental health issues
· chronic illness
Long-term disability (LTD) benefits are
generally part of a workplace insurance benefit package and have many
variables, depending on previously negotiated terms. Long-term benefits don’t
become available until short-term disability (STD) benefits have expired, often
after a period of two to six months. Every benefit package will have different
criteria and conditions for proving long-term disability. The amount paid is
based on a percentage of the claimant’s salary, usually somewhere between
50-70%. The length of the payout may be for a pre-determined number of years,
or until the applicant reaches a certain age, such as the retirement age of 65.
If
No Group Coverage is Available
If someone is in need of financial
support for long-term disability and has no group coverage, other options may
be available. If the disability is the direct cause of an accident, for
instance, a motor vehicle accident or slip-and-fall, other claims may be
pursued that reflect the physical, emotional and financial challenges the
victim may be facing. The Ontario Government may also offer support through the Ontario
Disability Support Program (ODSP).
Get
a Lawyer Involved Early in the Process
If you, or someone you know, is having
difficulty negotiating the confusing and time consuming process of making a
long-term disability claim or has had a claim denied, it’s important to have
the right lawyer advocating on your behalf. The financial and personal stakes
are very high and agreeing to terms that are not fully beneficial may have
long-term consequences.
A long-term disability lawyer has
experience in personal injury law and are skilled in dealing with large
insurance institutions that don’t want to pay what is due. They are knowledgeable at negotiating
positive settlements for your insurance claim. Many firms also have lawyers
qualified in litigation and trial cases, should the need arise. Sometimes
merely the possibility of litigation will get a claim moving quickly and
efficiently. If English isn’t your first language and communication is an
issue, find a firm with long-term disability lawyers that speak multiple
languages. The initial consultation should be free and fees are usually based
on a percentage of a successful settlement.