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Disability Insurance Law

We have over 30 years of experience prosecuting disability insurance denials and terminations. Whether you have been cut off at the change of definition period, or have been denied or terminated by your insurance company, we can work with you and your care providers to build you a strong case and get you the money you deserve.

Ken has represented a large number of clients who have been denied benefits under a disability insurance policy. Hiring Ken as your advocate could mean the difference in whether you ultimately collect disability benefits or not. Ken is trained to interpret the criteria set by the insurance companies for these disability benefits.

These cases are often dependent on obtaining the necessary medical evidence to prove the disability in a way contemplated by the policy in question. Most policies contain time limits that can be difficult to interpret. Therefore, as soon as your claim for disability benefits has been denied, we encourage you to contact us to discuss your case to see if we can be of assistance to you and your family.

In some workplaces, a traditional insurance policy or plan is put in place and any denial or termination of disability benefits is the responsibility of the insurance company. Such cases must be disputed through the Court system, as the insurance company is not bound by the collective bargaining agreement and therefore they cannot be properly included in a grievance or arbitration arising out of employment.

Many employers offer long term disability (LTD) packages. In order to qualify, you must satisfy certain criteria, which is clearly stated in your companies’ group policy manual. Frequently, insurers deny benefits at the outset, or at some period of disability, despite evidence from treating physicians that you are in fact unable to return to work. In many instances, LTD claims are combined and/or related to other litigation claims, like motor vehicle accidents, worker compensation claims, and CPP appeals.

Many large employers choose to “self-insure” disability benefits; either for short-term disability benefits and/or long-term disability benefits. When they do this, they usually enter an Administrative Services Only (“ASO”) Agreement with a life insurance company who will act as the administrator of the plan. This means that the insurance company will process the claim and all significant steps in the claim will be handled by the insurance company (including benefit cheques drawn on insurance company accounts). In other words, it will often appear that the benefits are coming from the
insurance company, when in fact, the ultimate responsibility for each and every payment rests with the employer.

We understand the patience and compassion that is needed to handle such a case, together with the need for sound legal advice. When you are suffering you are not at your best, and need the steady, compassionate advice of experienced lawyers to assist you in navigating your way to fair and equitable resolution of your claim.

Contact our office to see how we can help you.