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Long Term Disability (LTD)

Long Term Disability (LTD)

What happens if you’re injured and you cannot work? If you are under an insurance policy, you may be able to apply for disability benefits.

Typically, one starts off with applying for short-term disability benefits and if that ends and you are remain injured, consider applying for long-term disability benefits (LTD).

How does it work?
Every disability policy is different and it is important to consult and carefully read your coverage booklet. This should give information on how to apply for it, what the criteria is and definitions of specific terms unique to your policy.

LTD may provide benefits to you for 2-3 years if a person is disabled from performing its “own occupation”. This test requires a disabled person to show that they cannot perform the duties and responsibilities of their own occupation.

If a person continues to require LTD after the initial 2-3 years period, they must show that they cannot satisfy the “any occupation” test. This means that you cannot perform any job related to their experience and education and earn up to approximately 70% of their before disability income. However, if you are over 65 years old, it is likely you are not qualified to receive LTD.

Denial
A regular scenario lawyers often see is that disabled people are denied their LTD, especially when it comes time to satisfy the “any occupation” test. This may be due to any reasons, such as, the lack of medical documentation which serves as evidence or surveillance that only observes a disabled person for a few hours and prematurely determines the denial.

Be Proactive
Do not wait until there is a denial to contact a lawyer. Many people consult a lawyer during the process of applying for LTD to ensure a smooth process and that they fully understand the criteria they have to meet. Having a lawyer during this stressful time can ease any worries as they can answer questions, concerns and ensure the application is successfully completed.

Disclaimer: The foregoing is for informational purposes only, and should in no way be relied upon as legal advice. For legal advice tailored to your circumstances, please contact PINTO LAW by email or telephone.

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