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Frequently Asked Questions

Can I apply for Long-Term Disability (LTD) benefits in Ontario?

Yes, if you have a qualifying disability and are covered under an LTD insurance policy, you can apply for benefits in Ontario. If you’re still working but suspect you have a claim, reach out for a consultation. We can assess your situation, provide guidance, and help you navigate the claims process effectively. If you have already stopped working for health reasons it’s important to make an application pursuant to the terms of your Policy. If you have missed a deadline to apply, or are unaware of those deadlines it’s critical to seek advice as soon as possible.
What if my LTD claim is denied or terminated?

If your claim is denied, or terminated, it’s crucial to seek legal advice promptly. The insurance companies have an extensive list of reasons why they may not approve your claim. In our experience insurers are apt to deny your claim improperly or prematurely to their own financial benefit. While you have a right to appeal a denial of benefits via the insurer, these appeals rarely succeed. The insurance company representative or their supervisor are tasked with reviewing their own original decision to deny your claim. Retaining a qualified legal counsel is vital to secure the best outcome for your personal circumstances. Contact us for a free consultation to discuss your options.
How much does it cost to hire Bradley Legal for my disability claim?

We operate on a contingency fee basis, meaning there are no upfront costs. Our fees are a fixed percentage of your recovered settlement, ensuring you only pay Bradley Legal if we win your case. Our typical contingency retainer is 30% of recovered sums. The fee structure applicable to your case will be spelled out in the consultation, and in your retainer, prior to signing.
How long does it take to receive LTD benefits in Ontario?

The timeline varies, but typically, it involves an initial waiting period of 17-26 weeks. During this time period your employer will often offer Short Term Disability Benefits. If you have been off work for some time already, you are likely owed retroactive benefit arrears. In some cases we are able to secure benefit arrears while the legal claim is ongoing, or even at the very early stages. Our team can guide you through the process, helping expedite your claim for a prompt resolution.
What types of disabilities are covered under LTD?

LTD covers a range of disabilities, including physical and mental health conditions. Whether it’s chronic pain, chronic fatigue, mental health issues, addiction, or a range of other impairments or conditions, we can assist in navigating your claim. If you are unable to work for any physical or mental health problem it is likely that your Policy is compelled to respond to your claim and pay benefits accordingly.
Can I return to work while receiving LTD benefits?

In some cases, a gradual return, a partial return to work, or a modified return to work may be possible without jeopardizing your benefits. We can help negotiate accommodations and ensure your rights are protected, and your medical needs are being respected, during this process.
Can I apply for Canada Pension Plan (CPP) Disability benefits alongside LTD?

Yes, you can apply for both CPP Disability and LTD benefits simultaneously. Our team can guide you through the application processes for both programs. In most cases a Group Disability Policy will often require you to apply for CPP-D benefits. Whether and when to apply for such benefits has significant strategic implications for your claim. It’s important to understand that the insurance companies’ position on whether and when to apply for CPP-D may not align with your best interests, and it’s important to seek advice tailored to your situation.
What if my employer disputes my disability claim?

If your employer disputes your claim, it’s essential to consult with us immediately. In most cases the employer is not underwriting your benefit claim, and should not be able to dictate whether your claim is approved or not. They lack the medical expertise, and in most cases do not, and should not, have access to your personal medical details. In reality employers can play both a positive or negative role in your claim process. We can assess the situation, provide legal advice, and advocate on your behalf to resolve the issue.
How long do I have to appeal a denied LTD claim in Ontario?

The time frame for appeals is limited, so it’s crucial to act promptly. The Policy may contain deadlines for appeal. However, the deadlines that are more important to your claim are contained in Ontario Law , or your relevant Provincial Statute, regarding Limitation Periods. Generally, you have two years from the date you have a discoverable claim, to bring forth a legal claim. Contact us as soon as possible to discuss the specifics of your case and initiate the legal or claim process.
Can I switch lawyers for my ongoing disability claim?
Can I apply for LTD benefits if my disability is related to a pre-existing condition?

Yes, you can still apply for LTD benefits even if your disability is connected to a pre-existing condition, however the specifics relates to your claim and your Policy are crucial in assessing your rights. This area of LTD law is nuanced and requires a specific review of your Policy terms and the facts related to your claim.
Are there time limits for filing an LTD claim in Ontario?

Timelines for filing LTD claims can vary. It’s advisable to initiate the process as soon as possible after becoming disabled. Contact us to discuss your specific situation and navigate any potential time constraints. There is a general two year limitation period to commence a legal claim from the date your claim arose, or the date you reasonably became aware of such claim.
Will I have to attend a medical examination for my LTD claim?

Insurers may request an independent medical examination (IME). However, those examinations may not always be required by law or in your best interests to attend. We can prepare you for this process and ensure your rights are protected during any examinations – or as the case may be advise you whether you are obliged to attend at all.
Can Bradley Legal assist with denied CPP Disability claims?
What if my disability claim is based on mental health issues?

Mental health issues, including addiction and substance abuse issues, are valid grounds for an LTD claim. We specialize in handling claims related to depression, anxiety, PTSD, and other mental health conditions to ensure fair representation. Mental Health claims have been steadily on the rise and are now among the most common claims in the LTD sphere.
How can I check the status of my LTD claim in Ontario?

You can regularly follow up with your insurer for updates on your claim status. If you encounter challenges or delays, our team can intervene on your behalf to ensure a timely resolution. If you take the step of retaining legal counsel and commencing a claim then all communication, on a disputed legal claim, must go through your lawyer.
Can I receive severance pay while on LTD in Ontario?

Depending on your employment situation, severance pay may be possible while on LTD. It may or may not serve as an offset to the benefit of the insurer, however. The terms of each Policy are necessary to determine whether such an offset is permitted and/or avoidable. Our team can assess your specific circumstances and advise you on the best course of action.
What if my disability claim is due to a workplace injury?

If your disability is a result of a workplace injury, you may be eligible for workers’ compensation benefits (WSIB). However, you may also be eligible for LTD coverage and it is important to apply even if your WSIB claim is approved. We can review your Policy and advise you on your LTD rights and responsibilities in conjunction with your WSIB claim. Many people make the mistake of assuming that if they have a workplace injury that WSIB is responding to then they should not apply for LTD. This can have a devastating financial consequence down the road.
Can I apply for LTD if I'm self-employed in Ontario?
Will my LTD benefits be taxed in Ontario?

Taxation of LTD benefits can vary depending in the type of Policy and/or who pays the monthly premiums. We can provide guidance on the tax implications of your benefits and help you understand the financial aspects of your claim. Even if your benefits are taxable, there are potential tax advantages that arise during the settlement of an LTD claim that would otherwise not be available when on claim in the normal course.
Do you service clients outside of Ontario?

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