Long Term Disability (LTD)

LTD benefits are routinely provided under your workplace Group Benefits Policy. The terms of each Policy, the monthly or weekly benefit amount, and rules for coverage can vary greatly between insurers and workplaces.  You can request a Benefit Booklet or the Policy itself from your Employer, or insurance representative. 

In order to be eligible a claimant must satisfy the test for Total Disability.  Again, these terms and Policies will differ among insurers and workplaces, but they will generally require that your disability (Sickness or Injury) prevent you from performing the essential functions of your employment.  Whether or not your disability satisfies this test, is the most common legal issue between insurers, and individual claimants. 

LTD benefits are typically paid after a waiting period following your last day of work.  Initially, your claim is reviewed to determine whether your disability renders you unable to work at your Own Occupation – ordinarily a 2-year period.  After that, you must be deemed unable to work at Any Occupation for which you are reasonably qualified.   Benefits are very commonly terminated at the 2-year mark – known as the Change of Definition.  

LTD benefits can also be offered under Individual Policies.  Often these Policies are obtained by self-employed individuals and professionals in specialized fields.  Individual Policies often have certain advantages such as non-taxable benefits, higher benefits, or the absence of offsets from other sources of income.   Less commonly benefits can also be provided via an Employer Fund or an Association Trust. 

Regardless of how your benefits may be provided, it’s critical to obtain advice particular to your unique situation.  There are also deadlines and/or statutory limitation periods to pursue your benefits so do not delay in reaching out.