Long-Term Disability

Navigating the long-term disability (LTD) claims process can be complex and overwhelming, especially when serious health challenges are involved. Long-term disability insurance is intended to provide crucial support for individuals unable to work due to medical conditions, yet insurance companies often delay or deny legitimate claims. With a deep understanding of Ontario disability law, Van Delft Law is committed to advocating for clients’ rights and ensuring that they receive the benefits they are entitled to under their disability policies.

 

Van Delft Law is dedicated to securing fair outcomes in cases involving denied claims, terminated benefits, and disputes surrounding physical or mental health conditions that impact work capacity. The firm’s approach simplifies the LTD process for clients by managing all communications with insurers and offering clear guidance on their rights and options. This allows clients to focus on their recovery while experienced legal professionals address the complexities of long-term disability claims on their behalf.

 

Protecting Your Rights 

 

Protecting your rights during the long-term disability (LTD) claims process is essential, especially when dealing with insurers that may place obstacles in the way of a fair assessment. At Van Delft Law, a key focus is safeguarding clients’ rights throughout each stage of their LTD claim. This includes ensuring that clients fully understand their policy terms, relevant timelines, and the steps necessary to keep their claim moving forward.

 

Van Delft Law represents clients facing denied or terminated claims, addressing disputes related to physical and mental health conditions that impact work capacity. Protecting your rights involves countering insurer tactics, gathering essential medical and employment evidence, and building a strong case that demonstrates the full extent of the disability. Dedicated to defending clients’ entitlements under Ontario disability law, Van Delft Law works to secure the support and benefits clients deserve.

 

Understanding Long-Term Disability Insurance Policies

 

Long-term disability (LTD) insurance policies can be complex and vary significantly in terms of coverage, definitions, and conditions. Understanding what is covered, how “disability” is defined, and the specific obligations of both the insured and the insurer is essential for a successful claim. Van Delft Law provides clients with clear, detailed explanations of their policies, helping them identify important clauses that may impact their claim. This knowledge empowers clients to make informed decisions and strengthens their position when facing insurers. With a focus on the unique aspects of Ontario disability law, Van Delft Law ensures that clients are fully informed about their rights under their LTD policies.

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Dealing with Denied or Terminated Benefits

 

For many individuals, denied or terminated long-term disability benefits can feel overwhelming and unjust. Denials may happen at the outset, while terminations often occur after an initial approval, due to policy reviews, “any occupation” clauses, or assumptions about medical improvement. Van Delft Law addresses both denied and terminated claims with a strategic approach, thoroughly analyzing the basis of the insurer's decision and building a strong case in response. The firm gathers relevant medical evidence, counters the insurer’s assertions, and advocates for the continuation or initiation of benefits as needed. With extensive experience in Ontario’s disability law, Van Delft Law is committed to protecting clients’ financial stability during these challenging times, ensuring they receive the support they are entitled to.

 

No Fees Unless We Win Your Case

 

At Van Delft Law, clients can proceed with confidence, knowing that there are no fees unless their case is successful. The firm operates on a contingency fee basis, meaning clients only pay if their claim is won or benefits are secured. This approach makes high-quality legal representation accessible and provides peace of mind during an already difficult time. Van Delft Law is fully committed to achieving a positive outcome and works tirelessly to secure the benefits clients are entitled to under Ontario disability law. By aligning success with clients’ outcomes, the firm ensures that every step taken is in their best interest.

 

The Process for Fighting a Long-Term Disability Denial

 

When a long-term disability (LTD) claim is denied, Van Delft Law follows a comprehensive process to challenge the denial and pursue the benefits clients are entitled to. Here’s how the firm approaches LTD denials in Ontario:

 

Investigation and Gathering Medical Evidence

 

The first step involves a thorough investigation into the reason for the denial. Van Delft Law carefully reviews the insurer’s decision letter, relevant policy provisions, and any medical evidence already on file. The firm works with clients to obtain complete medical documentation, including physician assessments, specialist reports, treatment plans, and employment records, which are essential for demonstrating the impact of the disability on the client’s ability to work. This evidence forms the foundation of a strong case.

 

Internal Appeal (If Strategic)

In some cases, pursuing an internal appeal with the insurance company may be beneficial, especially if additional documentation or clarity could lead to an early resolution. However, internal appeals often yield limited results, as they are managed by the insurer itself. Van Delft Law carefully evaluates whether an internal appeal would be advantageous or whether proceeding directly to litigation is in the client’s best interest.

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Filing a Statement of Claim

If an internal appeal is unsuccessful or bypassed, the firm will file a Statement of Claim with the Ontario Superior Court of Justice. This document officially initiates the lawsuit, outlining the grounds for challenging the denial and specifying the compensation sought. Filing a Statement of Claim signals a formal escalation, often prompting insurers to reconsider their position and potentially engage in settlement discussions.

 

Examination for Discovery

Following the filing of a Statement of Claim, both parties engage in an Examination for Discovery, a critical phase where each side’s representatives are questioned under oath. This process allows Van Delft Law to question representatives of the insurance company, gathering insight into their rationale for the denial and securing evidence that can support the client’s claim. The Examination for Discovery also allows the firm to refine its case strategy, reinforcing the evidence necessary to advocate effectively for the client’s right to benefits.

 

Mediation and Settlement Discussions

Mediation is often a pivotal step in LTD claims, as it offers an opportunity to resolve the case without going to trial. In Ontario, most long-term disability cases settle at mediation, where both parties work with a neutral mediator to negotiate a fair resolution. During mediation, Van Delft Law presents a compelling case supported by medical evidence and legal arguments, seeking a settlement that fully addresses the client’s needs. This step allows for a faster resolution and often provides the best chance for clients to receive the benefits they are entitled to.

Pre-Trial Conference

 

If mediation does not result in a settlement, the case proceeds to a pre-trial conference. This is a formal meeting with a judge, who reviews the case and offers an objective assessment of each party’s position. Pre-trial conferences often encourage settlement by providing both sides with a realistic evaluation of the likely outcome if the case proceeds to trial. Van Delft Law prepares thoroughly for this stage, leveraging the judge’s perspective to reinforce the strength of the client’s case.

 

Trial (If Necessary)

Although most cases settle before reaching this stage, Van Delft Law is fully prepared to represent clients at trial if needed. During the trial, the firm presents comprehensive medical evidence, expert testimony, and detailed legal arguments to demonstrate why the client qualifies for LTD benefits under Ontario law. While trials can be time-consuming and demanding, Van Delft Law remains committed to achieving the best possible outcome for clients, even if it means seeing the case through to a court decision.

 

Van Delft Law’s approach to each stage of the process is informed by extensive experience in Ontario disability law, ensuring that clients are supported and fully informed at each step. This diligent approach maximizes the likelihood of a favourable outcome, allowing clients to focus on their recovery while the firm handles the legal complexities of securing their long-term disability benefits.