Short Guide to Long-Term Disability Claims in Ontario

Are you looking to file a claim for long-term disability in Ontario but aren’t sure how to go about it?

A long-term disability can have serious consequences on an individual’s overall wellbeing. Health conditions like heart disease, cancer, diabetes, arthritis, or car accident injuries can create difficulties when it comes to living an ordinary life and working.

Such people can apply for long-term disability benefits through their workplace or personal insurance policies. However, these claims are often denied by insurance providers resulting in people not receiving the benefits they rightfully deserve. Keep in mind that the primary goal of insurance companies isn’t to help you but to keep their costs down and return profits to their investors.

If you or someone you know is looking to file a long-term disability claim, keep reading. Our disability lawyers in Brampton outline what you need to know about applying for long-term disability benefits in Ontario. Then contact us to fight on your behalf.

Things to Know About Securing Long-Term Disability Benefits in Ontario

Take a look at some important things to know about long-term disability claims in Ontario.

Who can receive long-term disability?

Long-term disability (LTD) is an insurance benefit employers offer to employees. In some instances, employers that provide LTD benefits pay their employees’ monthly premiums; in others, employees may be asked to make a contribution to their overall coverage too.

This isn’t mandatory in Ontario as there is no law that requires insurance for LTD in the province. Plus, employers who offer the benefits aren’t required to pay the entire cost and can pass the responsibility on to their employees. Generally, larger corporations are more likely to offer long-term disability benefits than smaller or public employers.

However, this doesn’t mean there is nothing that you can do. Individual employees can get long-term disability benefits from an insurance provider if their employer doesn’t offer them.

What does the term “totally disabled” mean in terms of a long-term disability?

With these policies, there are two standards used to define long-term disability policies that describe how long you are completely disabled from working.

What insurance companies consider ‘totally disabled’ tends to change. So, when you are applying for a long-term disability initially, the assessment will be made on how able you are to perform your occupation. Then, as years pass, they will make another assessment to determine if your condition has changed. This is done to check whether you can perform any occupation at all. Typically, people with disability can continue working for two years before the disability is assessed again, but might be less in some cases, depending on the type of policy you choose.

Are LTD benefits taxable?

This depends on how an individual receives their disability benefits. For instance, employees with extensive coverage generally have their employer covering their premiums. However, in such instances, your disability income will be taxable. On the other hand, if you have insurance for which you pay the premium, it will be non-taxable.

Is it necessary to have medical records and/or statements from experts?

These are essential as they will offer a prognosis of your disability. Plus, you may have experts discuss your condition, including its severity. Insurance providers keep an eye out for fraudulent claims and may try to disprove your disability. This makes it even more important to have medical records handy when following your health care provider’s orders.

It’s a good idea to maintain a journal where you enter your symptoms, discomforts, and general condition. This record of your medical condition will offer real-time updates related to your pain and symptoms. However, claimants should not confuse journaling with posting on social media. In fact, individuals need to be careful about how they portray themselves on their or others’ social media accounts as this data can be used against you. (Take a look at some social media dos and don’ts when it comes to disability claims.)

Make it a point not to downplay or exaggerate your symptoms. This will only make it more difficult for you to receive fair compensation.

What are the different types of disability claims?

Long-term disabilities that result in an individual’s absence from work for an extended period of time can fall under the following categories:

  • Brain Injuries

Brain injuries ranging from minor to severe that are classified under LTD may include concussions with long-lasting symptoms. This can prevent the victim from functioning optimally in their day-to-day life by impairing their physical functions and cognitive abilities.

  • Chronic Illness or Conditions

There are numerous types of chronic illnesses and conditions that interfere with an individual’s ability to successfully complete their daily activities. These include gastrointestinal and neurological disorders, diabetes, and migraines .

  • Psychological Illness

Psychological distress can prevent a person from functioning properly. Some disability claim conditions include bipolar disorder, anxiety, depression, borderline personality disorder (BPD), obsessive-compulsive disorders, and schizophrenia.

If you are looking to make a long-term disability claim, get in touch with a disability lawyer in Brampton or elsewhere in the province. They will advocate for your needs and provide guidance on how to best navigate complicated legal procedures. Hopefully, this blog has helped you understand the basics of long-term disability claims so you receive the compensation you fairly deserve.