Hamilton Long-Term Disability Lawyer

We Wrote the Book on Disability Law, Literally. If you’ve Been Denied Long-Term Disability, Call Our Hamilton Disability Lawyers Now for a Free Consultation.

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Hamilton Long-Term Disability Lawyer Matt Lalande has Recovered over $30 Million Recovered for Disabled Victims all over Ontario Since 2003.

Free Consultations Provincewide. Call 905-333-8888 or Send us a Message Today.

Have you been treated unfairly by your disability insurance company? Does your relationship with your disability adjuster seem like it’s become adversarial? Are you not being listened to? Are your doctor’s orders ignored by your adjuster?

Is your disability insurance company forcing you back to work or, even worse, telling you that you can “do something’? Is your adjuster not returning your calls or emails? Have you not been paid your disability benefits, and now you are drowning financially? This is the story our Hamilton Long-Term Disability Lawyers have heard time and time again for over 20 years.

You paid your premiums with every paycheck, expecting protection when you needed it most. Instead, you are left without answers and without income. Do not give up. No matter what the disability insurance company tells you, you still have rights. You have the right to speak with a Hamilton long-term disability lawyer at no cost to you, and to pursue the full monthly disability benefits you are entitled to receive.

Matt Lalande is a sought-after Hamilton long-term disability lawyer who has recovered millions of dollars in wrongfully denied disability benefits for claimants in Hamilton and throughout the surrounding area since 2003. Our Hamilton disability law firm represents claimants who’s disability benefits have been denied or terminated, particularly LTD benefits that habve been cut off at the two-year mark or the “change of definition”. We understand the devastating stress and financial implications that individuals and families often face, as well as the deep emotional toll that a disabled person can experience when their disability carrier suddenly leaves them without income. We are familiar with the complexities of the process, and we know how to build a strong case to support your claims.

Our Hamilton Ontario disability lawyers can provide professional representation to ensure you receive the long-term disability benefits you are entitled to. Call us today, toll-free, no matter where you are in Ontario at 1-844-LALANDE or local in Southern Ontario at 905-333-8888, or fill in a contact form on our website, and we will be happy to get right back to you.

Terminated Long-Term Disability: What are my Rights?

In Ontario, when an insurer terminates long-term disability (LTD) benefits, you are not without rights or legal protection. Disability insurance companies must act in good faith, rely on fair medical evidence, and follow the terms of your policy when making a termination decision, and in practice many do not.

You have the right to retain a lawyer to assess whether the termination was wrongful and to pursue reinstatement of benefits by proving that you continue to meet the legal definition of disability under your contract.

Strict limitation periods apply, making early legal advice critical. Many claimants are terminated not because they have recovered, but because insurers rely on flawed assessments, incomplete medical reviews, or selective use of evidence. Understanding your rights and acting decisively can protect your income and long-term financial stability.

Why do I Need a Hamilton Disability Lawyer?

You may need a Hamilton disability lawyer because long-term disability claims are governed by complex insurance contracts, strict legal standards, and aggressive claim-handling practices by insurers. Insurance companies are not neutral decision-makers. Their goal is to limit payouts, and they often rely on selective medical reviews, flawed functional assessments, and technical policy language to justify terminations and denials

Disability Insurance Companies Are Not on Your Side

Your insurer is a for-profit business. Their financial incentive is to always seem to deny, delay, or minimize payouts whenever possible. Claims adjusters are trained to scrutinize every detail, interpret policy language in the insurer’s favor, and find reasons to terminate benefits. They have lawyers, medical consultants, and surveillance teams working to discredit your claim. Facing this alone puts you at a severe disadvantage.

Disability Claims Are Legally and Medically Complex

LTD policies contain dense legal language, strict deadlines, and procedural requirements that are easy to misunderstand. Missing a limitation period, failing to provide proper medical evidence, or misinterpreting a policy definition can destroy an otherwise valid claim. A Hamilton Disability lawyer understands how courts interpret these policies, what evidence insurers actually respect, and how to position your claim for success.

Medical evidence is equally critical. Your family doctor’s opinion may not be enough. Insurers often demand functional capacity evaluations, independent medical examinations, and specialist reports. A disability lawyer knows how to work with your doctors, obtain compelling documentation, and retain medical experts when necessary to counter the insurer’s narrative.

Lawyers Level the Playing Field

When you hire a disability lawyer, insurers take your claim more seriously. They know they’re dealing with someone who understands the law, won’t be intimidated by delay tactics, and is prepared to litigate if necessary. This often leads to better settlement offers or faster resolutions.

An experienced Hamilton personal injury lawyer also removes the emotional burden. Dealing with an insurer while you’re sick, hurt, struggling financially, and fighting for benefits is exhausting. Your lawyer handles the correspondence, confronts the adjuster’s bad faith tactics, and advocates aggressively on your behalf so you can focus on your health.

You Don’t Pay Unless You Win

Hamilton Disability Lawyer Matt Lalande works on contingency, meaning we wonly get paid if you recover benefits. This removes the financial barrier to representation and ensures your lawyer is motivated to maximize your outcome. You gain professional expertise without upfront costs.

The Stakes Are Too High to Go It Alone

Long-term disability benefits can be worth hundreds of thousands of dollars over a lifetime. A single procedural mistake, a poorly worded statement to an adjuster, or inadequate medical evidence can cost you everything. Insurers count on claimants being uninformed, overwhelmed, and willing to accept unfair denials.

You wouldn’t represent yourself in surgery. Don’t represent yourself against a billion-dollar insurance company with lawyers working to defeat your claim. Hire a disability lawyer who will fight for what you’re owed.Contact us today for a Free Consultation. Our Hamilton Disability Lawyers can help you get your life back on track.

Do I Need a Hamilton Lawyer Who Specializes in Disability?

Yes, you absolutely should work with a lawyer who specializes in long-term disability claims, and here’s why:

Disability insurance law is highly specialized – The interplay between insurance contracts, statute, provincial regulations, and case law creates a complex legal landscape. A general practitioner simply won’t have the depth of knowledge needed to navigate denial letters, policy interpretations, limitation periods, and bad faith claims.

Insurance companies have specialized teams working against you – Insurers employ adjusters, medical advisors, surveillance investigators, and lawyers who deal with disability claims every single day. They know every tactic to minimize or terminate benefits. You need someone with equivalent expertise on your side.

The stakes are too high – Long-term disability benefits often represent hundreds of thousands or even millions of dollars over a lifetime. A specialist knows how to properly value your claim, present medical evidence effectively, and negotiate settlements that account for future needs. They understand vocational assessments, functional capacity evaluations, and how to work with medical experts.

Specialists understand the common pitfalls – From responding to insurer questionnaires to handling surveillance to knowing when benefits have been wrongfully terminated, a specialist has seen these scenarios countless times. They can anticipate the insurer’s moves and position your case strategically from the start.

Time limits are strict – Missing a limitation period can permanently bar your claim. A disability specialist knows these deadlines and the exceptions that might apply.

If you’re dealing with a long-term disability claim denial or termination, this isn’t the time for general legal advice. You need someone who lives and breathes this area of law. Matt Lalande has been representing long-term disability claimants since 2003, and is the only personal injury lawyer in Ontario invited to contribute to Disability Insurance Law in Canada, the authoritative legal text referenced by lawyers and judges across the country when deciding disability cases.

With over two decades of experience fighting insurers like Manulife, RBC, Sun Life, and Canada Life, Matt understands exactly how these companies operate—and how to hold them accountable when they wrongfully deny or terminate benefits. He’s recovered millions of dollars for clients whose lives were upended by disability, and he knows how to build compelling cases that force insurers to pay what they owe.

Whether you’re facing a denial, a benefit termination, or suspect your insurer is acting in bad faith, Matt and his team at Lalande Personal Injury Lawyers will fight to protect your financial future. Don’t face the insurance company alone—call today for a free consultation.

How to Find the Right Hamilton Long-Term Disability Lawyer Near Me

When you’ve never hired a lawyer before, the process can feel overwhelming. Start with people you trust. Ask friends, family, coworkers, healthcare providers, union reps, or HR staff if they know a lawyer who handles long-term disability claims. Personal experience matters—someone who’s fought an insurer knows what effective advocacy looks like.

Next, research online. Look for lawyers who focus specifically on disability law, not general practice. Review their credentials, published work, and case outcomes. Read Google reviews carefully, watching for patterns around responsiveness, clear advice, and persistence with insurers.

Verify credentials through the Law Society of Ontario to confirm good standing. Check disability advocacy organizations for referral lists of experienced practitioners. Contact the Hamilton Law Association and ask for referrals.

Don’t rely on advertising alone. Billboards and TV spots create visibility, not competence. Some high-volume firms delegate your file to junior lawyers and push quick settlements. Others are legitimately excellent. Always dig deeper.

Consult multiple lawyers before deciding. Ask about their experience with LTD terminations, trial history, approach to medical evidence, and communication style. A good lawyer explains the process clearly, answers tough questions directly, and never pressures you to sign immediately.

Facebook groups for long-term disability claims can also provide support and shared experiences, but treat legal advice from these communities with caution. Members often share frustrations with insurers, recommend lawyers, and discuss claim strategies. This peer support can be comforting during a difficult time. Reddit is also a very informative source.

Be skeptical of lawyer recommendations based solely on group popularity. Some lawyers actively cultivate referrals through these communities, and enthusiastic testimonials don’t always reflect competence or results.

Additional Considerations when looking for a Disability Lawyer:

  • Ask about fee structures upfront. Most disability lawyers work on contingency, but rates and costs vary. Understand what percentage they take and whether you’ll pay disbursements regardless of outcome.
  • Request references from past clients if you’re uncertain. Reputable lawyers often provide them willingly.
  • Trust your instincts during consultations. If a lawyer dismisses your concerns, seems distracted, or offers unrealistic guarantees, walk away. You need someone who listens, explains, and advocates—not someone who sells.
  • Check whether the lawyer actually handles cases personally or delegates everything to associates or paralegals. You deserve to know who’s managing your file.
  • Ask how they stay current. Disability law evolves through new court decisions and insurer tactics. Lawyers who attend conferences, publish articles, or contribute to legal education demonstrate commitment to the field.
  • Inquire about their relationship with medical experts. Strong disability claims often require compelling medical evidence. Experienced lawyers know how to work with doctors, obtain proper documentation, and retain specialists when necessary.
  • Understand their settlement philosophy. Some lawyers settle quickly; others push harder. Neither approach is inherently wrong, but it should align with your goals and the strength of your claim.

The right lawyer should make you feel informed, respected, and confident—never rushed or confused. Take your time, ask hard questions, and choose someone who treats your case with the seriousness it deserves.

Free Disability Lawyer Consultation

Our Hamilton disability lawyers understand that the last thing you need after having your benefits denied or cut off is another bill. This is why consultations with us are always 100% free. We are more than happy to discuss your case with you and advise you of your legal rights and options.

The disability claims process is often discouraging and time-consuming, while the complex language of the insurance contract adds to the frustration. If you’ve been denied long-term disability benefits, you need an experienced nearby Hamilton disability lawyer to help protect your rights and get you the benefits you deserve.

We welcome your email or telephone call in order to set up a video, phone, or in-person consultation to answer any questions you may have about your case without charge, no matter how long it takes.

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Experience Matters

A few of our recent result are noted below. It’s very important to understand that no two cases are the same. Past results are not necessarily indicative of future results and litigation outcomes will vary according to the facts of individual cases. The information below are examples of Matt Lalande’s cases that he has settled or tried to verdict over his career and is for informational purposes only.

View More Case Results
$2.7M
Motorcycle Accident

For a young man who lost 2 limbs in a terrible motorcycle accident.

$1.7M
Trucking Accident

For a Trucker who suffered serious 3rd degree Burns in a California Trucking Accident.

$2.0M
Car Accident

For a middle aged woman who suffered severe brain trauma. Tort + AB

How Much Does a Disability Lawyer Cost in Hamilton, Ontario?

Not only are consultations with our Hamilton Disability lawyers free, but if we decide to work together, there is no upfront legal fee. You only pay us if we win your case. This means we only charge legal fees if we successfully reinstate your benefits or arrive at a lump sum settlement of your future benefit entitlement.

With our firm, we only get paid when you get paid; this is called a contingency fee.

A contingency fee is a type of fee arrangement commonly used by lawyers and law firms in which the lawyer’s payment is dependent on the outcome of a case. Under a contingency fee agreement, our Ontario disability lawyers will represent you without charging any upfront fees or costs. Instead, we are paid a percentage of any money recovered, typically ranging from 20 to 30 percent of the total amount.

Contingency fee arrangements are commonly used in disability cases where the client has been denied long-term disability and is seeking compensation from the disability carrier in terms of past and future claims, bad faith, and/or punitive damages.

One of the advantages of a contingency fee arrangement is that it allows a disabled person who might not otherwise be able to afford a disability lawyer to pursue their claims. Additionally, because the lawyer’s payment is dependent on the outcome of the case, there is an incentive for your disability lawyer to work hard to achieve a successful outcome. Contact us today for a Free Consultation.

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What Questions Should I Ask When Meeting a Hamilton Disability Lawyer?

Questions you ask a Hamilton long-term disability lawyer during the consultation should include:

  1. What is your experience with disability law, and how many cases have you handled similar to mine?
  2. What is your success rate in obtaining benefits for clients with cases like mine?
  3. How do you stay updated on changes in disability law and regulations?
  4. What is your strategy for handling my case, and how long do you expect the process to take?
  5. Will you handle my case personally, or will other lawyers or paralegals in your firm be involved? If so, what is their experience?
  6. How do you communicate with clients during the process, and how often can I expect updates on my case?
  7. What are your fees, and do you work on a contingency basis (meaning you only get paid if I receive benefits)?
  8. What additional expenses (e.g., medical records, expert witnesses) might I incur, and how are these expenses handled?
  9. What do you see as the strengths and weaknesses of my case, and how will you address these?
  10. What can I do to help improve my chances of a successful outcome?

After the consultations, compare the responses from different lawyers and choose the one who best fits your needs, has a proven track record, and with whom you feel most comfortable working. We always say that comfort is the best indicator of a good relationship. The last thing you need in a time of crisis is to feel uncomfortable with the lawyer you decide to hire.

Remember, it’s important to find a disability lawyer in Hamilton who not only has the necessary experience and expertise but who is responsive and easy to communicate with, as the disability claim process can be lengthy and complex.

Why were my Long-Term Disability Benefits Denied?

Lack of forms and necessary documentation
Long-term disability insurers strictly enforce paperwork requirements, and even small administrative gaps can lead to a denial. Many claimants are overwhelmed, ill, or confused about what forms are needed, which causes inadvertent omissions. Insurers often use these gaps as justification to delay or refuse payment rather than assisting the claimant. When this happens, the denial has nothing to do with the person’s health or ability to workOur Hamilton long-term disability lawyers help gather, correct, and complete the documentation so the insurer cannot rely on technical deficiencies to refuse benefits.

Misrepresentations or undisclosed pre-existing conditions
Insurers frequently allege that a claimant misrepresented their health history or failed to disclose a pre-existing condition, even when the issue is minor, irrelevant, or based on misunderstanding. These accusations can feel deeply unfair and often arise from selective reading of medical charts. A denial on this basis does not mean the claimant acted improperly—it typically reflects the insurer’s attempt to avoid payment by reframing the narrative. We analyze the medical records, respond to the allegations, and demonstrate the true cause and extent of the disability.

Missed time limit for submitting a claim
Deadlines in disability policies are confusing, inconsistent, and often poorly explained. Individuals who are sick, injured, or overwhelmed may miss a time limit despite acting in good faith. Insurers regularly deny claims on this ground even though courts recognize that strict enforcement can be unreasonable when the claimant is medically compromised. These denials are frequently overturned through legal action or negotiation. We establish the factual and medical context that justifies a late submission and preserves the claimant’s entitlement.

Failure to have the injury or condition properly documented
Many legitimate disabilities are denied simply because the insurer claims the medical records lack “objective evidence.” This is especially common in conditions involving chronic pain, fatigue, mental health disorders, and autoimmune disease. The absence of detailed documentation does not mean the disability is not real—it means the insurer is looking for an excuse to avoid payment. We work closely with treating physicians to obtain thorough clinical support and bridge any perceived gaps in the records. Our goal is to ensure the insurer cannot dismiss the claimant’s symptoms as unsupported.

Failure to participate in treatment regimens
Insurers sometimes terminate benefits by arguing that the claimant is not participating in recommended treatment, even when the treatment is ineffective, unaffordable, unavailable, or medically inappropriate. The law does not require a person to pursue every theoretical option—only reasonable treatment that aligns with medical advice. These denials often reflect the insurer’s misunderstanding of the claimant’s barriers or limitations. We clarify the clinical rationale and demonstrate that the claimant acted reasonably at all times.

Surveillance evidence contradicting the claimed level of disability
Insurance companies often rely on brief, out-of-context surveillance clips to argue that a claimant is capable of full-time work. These videos rarely show the person’s pain levels, recovery time, or the limited nature of their activities. They are used to create a misleading impression that the claimant is healthier than they truly are. We challenge the accuracy, relevance, and interpretation of such footage. A few minutes of activity does not invalidate a chronic or disabling condition.

The change of definition
At the two-year mark, many policies shift from an “own occupation” test to an “any occupation” test, and insurers use this change to terminate benefits aggressively. They often ignore the claimant’s actual functional limitations, educational background, and real-world employability. A termination at this stage does not mean the claimant is suddenly capable of working; it reflects the insurer’s attempt to reduce costs. We gather the medical, vocational, and functional evidence needed to prove continued disability under the stricter definition.

Adjuster inattention
Some claims suffer because adjusters are overworked, inexperienced, or simply inattentive. Files go unreviewed, medical updates are ignored, and decisions are made without proper investigation. When this happens, the denial is driven by process failure, not by the claimant’s medical reality. These cases often resolve favourably once the insurer is forced to properly review the evidence. We ensure that the claim receives the attention and diligence it should have received from the outset.

The insurance company does not understand your disorder or disease
Many disabling conditions—especially chronic pain, autoimmune disorders, neurological diseases, and mental health conditions—are poorly understood by insurers. They rely on outdated assumptions and fail to appreciate how unpredictable, fluctuating, or debilitating these illnesses can be. A denial based on misunderstanding does not reflect the claimant’s true limitations. We provide clear medical explanations and secure authoritative expert support to correct the insurer’s misconceptions.

A biased insurance company medical expert
Insurers often rely on “independent” medical examiners who perform brief assessments and produce reports that minimize symptoms or overlook critical evidence. These examiners are frequently used because their opinions favour insurers. A denial based on a biased report is not the end of the road—it is an opportunity to expose the weaknesses in the insurer’s process. We use treating physicians, medical literature, and functional assessments to challenge the credibility and reliability of the insurer’s expert.

My Disabilty Insurer is Telling me to File an Internal Appeal. Should I?

When Disability Insurance Companies deny benefits to their claimants, they often advise that new or fresh medical documents be submitted to their “Appeals Team” or their “Appeals Specialists” for review.

Often, claimants are so despondent and desperate for money that they listen to their disability insurance company, hoping that the insurer will change its mind, reverse its decision, and restore their monthly benefits.

Unfortunately, this doesn’t usually happen. Not only do claimants exhaust their resources by paying doctors for new records, but they also end up caught in long wait times associated with the appeals process, with no income and bills piling up.

In our experience, the so-called “independent appeals process” never works in favour of the claimant, and insurance companies typically do not change their mind, which is not surprising. How can the same insurance company that denied your benefits be “impartial” when reviewing new documentation? The appeals committee are employees paid by the same insurance company that denied your benefits in the first place.

If you’re considering an “internal appeal,” it might be best to call our nearby Hamilton disability lawyers for long-term disability support right away—unfortunately, internal appeals rarely work.

What Medical Conditions Qualify for Long-Term Disability Benefits?

While specific requirements for LTD benefits may vary depending on the insurance provider and policy, many medical conditions often qualify for long-term disability benefits.

These conditions may include:

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Do You Serve Clients all Over Ontario?

Our Hamilton disability lawyers are locally based in Hamilton, but we serve claimants all over Canada. We are more than happy to travel to your location if you are in Southern Ontario. If not, we are also happy to meet with you, review your disability policy or other pertinent documents, and discuss your case via Zoom, FaceTime, Google Meet, or telephone.

For example, you can have access to your file digitally, and any signatures or other things we need from you can certainly be done remotely. This enables anyone to access our services, including those who cannot drive, walk, or use transportation.

Our technology allows us to represent clients all over Ontario. As Hamilton long-term disability lawyers, we try to get our clients paid their disability benefits as fast as possible; therefore, we prefer the initial consultation to be via telephone or Zoom if you live far away. We meet monthly with many clients searching for Burlington disability lawyers.

LTD benefit denials can be discouraging, and getting the help you need can be time-consuming. If you’ve been denied disability benefits, it’s essential to understand that it’s not the end of the road. You have the full right to challenge your disability benefit denial and let a Judge decide whether or not you are disabled as per the policy definition. Don’t give up without talking to an experienced Hamilton disability lawyer near you.

Understanding Your Disability Claim

Below are some of our disability resource guides to assist you with understanding your disability claim:

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My Adjuster Tells me That I do not Suffer a “Total Disability”

Your adjuster might tell you that you do not suffer a total disability because that is the language used in most disability definitions within disability insurance policies. Generally speaking, total disability in the context of long-term disability insurance means two things.

The vast majority of long-term disability policies in Canada provide that a person is considered disabled within the first 24 months of benefit payments if they cannot perform the substantial duties of their current job and cannot carry out its major functions. If the claimant can only perform minor functions of the job, they are nonetheless totally disabled. This is typically called total disability of your “own occupation.”

After two years or 24 months, most disability policies switch to an “any occupation” definition. The “any occupation” definition is satisfied when the insured person is prevented from engaging in any occupation or performing any work for compensation for which they are deemed fit by education, training, and experience.

Insurance companies tend to override the claimant’s doctor’s advice, stop disability payments at the two-year mark, and argue that you can engage in “some type” of work for compensation. By law, it’s a bit more complicated than this. If your adjuster says you are not totally disabled, call our Hamilton LTD lawyers near you for more information so we can review your case and advise you of your rights.

Surveillance by Disability Insurers: What You Need to Know

If you’re receiving long-term disability (LTD) benefits in Hamilton, you should know that your insurance company may conduct surveillance at any time. Insurers often employ private investigators to gather evidence that could potentially undermine your disability claim.

What is Surveillance in a Disability Case?

It involves an investigator monitoring and recording your activities to determine if your behaviour is consistent with your claimed limitations. They may watch you at home, follow you in public places, or even monitor your social media activity.

Why do insurers conduct surveillance?

Their primary goal is to find discrepancies between your alleged disabilities and your actual conduct. If they capture a video of you engaging in activities that contradict your stated limitations, they may use this as justification to deny or terminate your benefits. For example, if you claim to have a severe back injury but are seen engaging in strenuous physical activity, they will use this as evidence that you aren’t disabled, as you say.

During surveillance, investigators look for any evidence suggesting you’re capable of working or that your disabilities are not as severe as claimed. They may document you performing physical tasks, travelling, socializing, or participating in hobbies. Even innocent activities can be misconstrued to undermine your credibility.

What is the most Common Type of Surveillance?

The most common type of surveillance disability insurers use today doesn’t involve private investigators sitting in unmarked vans—it’s social media investigations. Insurance companies have become incredibly sophisticated at mining your digital life for any evidence they can use to deny or terminate your benefits.

In-House Social Media Monitoring

Many insurers now conduct social media investigations in-house, assigning adjusters or specialized teams to regularly monitor claimants’ online activity. Their tactics are more invasive than most people realize:

If your social media accounts are public, they’ll simply monitor your posts, photos, videos, and comments directly. But if you’ve set your accounts to private, they don’t just give up. Insurers have been known to send friend requests from fake profiles—sometimes using stock photos and fabricated personal details to appear legitimate. They’ll pose as someone who shares your interests, lives in your area, or has mutual connections to gain your trust.

Even more troubling, if they can’t access your private accounts directly, they’ll target your loved ones. They’ll send friend requests to your spouse, children, siblings, parents, and close friends. Once accepted, they gain access to any photos, posts, or check-ins where you’ve been tagged. That photo your daughter posted of a family dinner? That check-in your friend made at a concert you attended? The insurer is watching, screenshotting, and adding it to your file.

Professional Cyber Investigators

When a disability insurer becomes truly suspicious—or when they’re looking for any excuse to deny a high-value claim—they bring in professional cyber investigators. These specialists go far beyond casual Facebook and Instagram browsing. They conduct comprehensive digital footprint analyses that can uncover virtually every trace of your online existence. Cyber investigators will scour such things as:

  • Dating sites and apps where you may have created profiles
  • Facebook Marketplace listings showing items you’re selling
  • Online forums and discussion boards where you’ve posted
  • LinkedIn activity and professional networking
  • Review sites like Yelp or TripAdvisor where you’ve left comments
  • YouTube videos you’ve uploaded or appeared in
  • Instagram, Twitter, TikTok, and other social platforms
  • Public records, property listings, and business registrations
  • Archived or deleted content using specialized tools

These investigators compile detailed reports documenting your activities, hobbies, physical capabilities, and lifestyle. They’re looking for any inconsistency between what you’ve claimed about your limitations and what your digital footprint suggests you can do.

Disability insurers typically escalate to professional cyber investigations when you’ve given them reason to question your credibility, when your claim involves substantial ongoing benefits, or when they’re building a case for bad faith termination. Maybe you claimed you couldn’t sit for extended periods, but they found forum posts where you discussed long gaming sessions. Perhaps you said you couldn’t travel, but Marketplace listings suggest you’re buying and selling items that require transportation and physical effort.

Assume your Social Media is Being Watched

The reality is this: if you’re receiving long-term disability benefits, you should assume your insurer is watching your online presence. Every post, photo, comment, and like can potentially be used against you. That’s not paranoia—it’s the current state of disability claims management in Canada.

If you suspect you’re under surveillance, stay calm and avoid confrontation. Stick to your routine and act naturally, but be mindful of your limitations. Be cautious about discussing your claim or medical condition in public. If you’re genuinely disabled, you have nothing to hide. Surveillance evidence is often open to interpretation and taken out of context.

If your insurer presents surveillance evidence against you, don’t panic. Contact our LTD lawyers immediately. We can assess the evidence, contextualize it, and defend your right to benefits. Remember, surveillance alone is not conclusive proof of deception.

We can also work with medical and vocational experts to demonstrate how surveillance can be misleading and fail to capture the true extent of our client’s disabilities.

Long Term Disability Settled Lump Sum Settlements

At Lalande Personal Injury Lawyers, we assist with claims for disability in Ontario and always aim for maximum benefits or compensation for our clients. This can be seen through some of our successful past results. Out of hundreds of cases that we have litigated against national disability carriers, here are a few examples of cases where we “lumped out” the long-term benefits for the client:

  • $750,000 in bad faith and future benefits for a woman with mental health issues
  • $350,000 in bad fait for a woman with mental health issues
  • $520,000 for a very young nurse with a serious auto-immune disease
  • $412,000 for a man with schizo-effective disorder
  • $375,000 for a young woman – disability benefits and bad faith damages
  • $325,000 for a young mail carrier who suffered serious mental health issues
  • $277,500 for a young woman with an autoimmune disorder
  • $262,500 settlement for a woman with mental disorders who received an initial denial of benefits
  • $250,000 settlement for a man with chronic back pain
  • $250,000 for woman with breast cancer
  • $250,000 for a young man with serious knee and back injuries
  • $224,000 for a young woman who suffered a serious injury
  • $217,750 settlement for a young man with mental disorders
  • $175,000 settlement for a woman totally disabled by scoliosis and dextra-scoliosis
  • $125,000 settlement for a man totally disabled by epilepsy
  • $120,000 for a woman with colon cancer
  • $425,000 for a young woman with psychosis and a traumatic brain injury
  • $317,000 for a young construction worker with a double amputation

Since each case is different, these results do not indicate what you might expect in your claim and are meant as an example of what we can do for you. Each case is different. Each claim is different. However, these examples show that our lawyers work hard to get the benefits our clients deserve, even after an initial denial. Ask for help from our Ontario disability lawyers as soon as you can.

Most people never need to speak to a lawyer unless they buy a house or make a will. Understandably, you may be nervous about speaking to a disability trial lawyer about your exact situation, but don’t be. Rest assured, we are approachable, easy to speak to, and will speak to you about your particular disability situation at your convenience, at no cost.

Are Long-Term Disability Settlements Taxable?

In Canada, the answer does not depend on the severity of the disability or how the settlement is paid. It depends entirely on who paid the premiums for the LTD policy that provides the coverage.

The tax rules are straightforward in principle, but their impact can be substantial. If the employer paid the disability premiums, then the policy is considered a taxable plan. In that situation, every dollar received from the insurer—whether paid monthly or through a lump-sum settlement (the arrears are the taxable portion of the settlement, which are the retroactive benefits owed for the period when the insurer wrongfully denied or terminated payments).

The opposite is true when a worker pays 100% of the LTD premiums using their own after-tax earnings. In that situation, the benefit is treated like any private insurance payment and is not taxable. This includes both regular monthly LTD payments and a lump-sum settlement negotiated after a denial. When the claimant fully funds the coverage with after-tax dollars, the CRA treats the settlement as a non-taxable insurance benefit, and no T4A should be issued.

This is why confirming who paid the premiums becomes an early priority in disability litigation. Claimants are often unaware of how their premiums were handled.

Our Hamilton Disability Lawyers Fight for Every Penny

If you suffer from a disability that renders you unable to perform the substantial and material duties of any occupation for which you have education, training, and experience, it is advisable to contact a Hamilton long-term disability lawyer. You deserve to know your rights and options before pursuing a claim or appeal.

Taking on a disability insurer in Ontario is difficult, and we do not recommend doing it alone. We see claimants come to us after being bombarded with an endless barrage of anti-coverage grenades that share a single goal: preventing them from collecting disability benefits.

How do disability insurers do this? They will often hire their doctors to conduct medical examinations that will inevitably find you in “perfect” health. Alternatively, the doctors might not be qualified to render an opinion regarding your condition but may do so anyway. Under normal circumstances, they would surely send their patients to specialists.

At times, disability carriers might also attempt to manufacture a “choice” argument by offering to retrain or rehabilitate the insured person. If the insured declines the offer, the insurer will argue that the insured has chosen to remain disabled and is, therefore, not entitled to disability benefits.

Total disability does not signify an absolute state of helplessness. Rather, you must be unable to work in any position for which you are suited by way of education, training, or experience.

If you have been denied disability benefits in Ontario, speak with a Hamilton long-term disability lawyer specializing in denied long-term disability litigation. Matt Lalande has represented hundreds of individual claimants at all stages of disability claims, including claim denial, denial at the change of definition, or lawsuits to recover disability benefits.

Our Hamilton disability lawyers will fight to see your long-term disability benefits restored and continue uninterrupted for your maximum period of benefit recovery, which is usually to age 65. In addition to this, our Hamilton long-term disability lawyers will ensure you claim all past disability benefits owed to you up to the date of your settlement or trial.

Contact an Experienced Hamilton, Ontario Long Term Disability Lawyer Today

Disability claims are complex. Do not try to appeal on your own. Hiring a knowledgeable disability lawyer with experience in litigating against every major Canadian disability insurance company is the best thing you can do.

Lalande Personal Injury Lawyers are Ontario long-term disability lawyers who have been representing claimants who have been wrongfully denied or cut off their disability benefits since 2003, and remember, we work on a contingency fee basis. This means that we do not get paid until we win your case. If we don’t recover your benefits or settle your case, you do not owe us anything. There are no upfront fees.

Please complete the contact form below or give us a call no matter where you are in Canada at 1-844-LALANDE or local in Southern Ontario at 905-333-8888. Otherwise, you can speak to our live chat operator or fill in a contact form, and one of our Hamilton disability lawyers will get back to you within 24 hours.

Common Disability FAQ

I’ve been cut off Disability Benefits and don’t know what to do

We understand that you may be confused and upset, but if you’ve been cut off or denied your long-term disability benefits, you need to get legal advice from a disability lawyer now. It’s important to understand that you may still be entitled to your monthly benefits even though they have been denied.

Is talking with a disability lawyer free?

Talking with our long-term disability lawyers is ALWAYS free. We never ask our clients for money upfront.

Why do most disability claims get cut-off after two years?

Most disability policies have a change of definition. In the first two years of being on disability, a claimant only needs to be substantially disabled from performing the regular duties of his or her own job. After two years, the definition changes. At that point, in order to qualify for disability benefits, a claimant must be totally disabled from any employment for which he or she is suited by education, training and experience. In essence, definition changes make it more difficult for claimants to obtain disability benefits, and it is the time when most disability carriers cut claimants off the plan.

Do I need to come to your office for a free disability consultation?

You do not. We represent claimants all over Ontario. We are happy to meet you on Zoom or Microsoft Teams or whatever works best for you.

Do your disability lawyers represent disabled people only in Hamilton?

No. Our Hamilton disability lawyers represent denied disability claimants throughout Ontario. We have represented hundreds of disability insurance claimants outside Hamilton and throughout the Golden Horseshoe area—from Niagara Falls to Ottawa to Sudbury. We are happy to discuss your situation at any time. We will never ask you for money upfront, and your consultation is without obligation.

Can I settle my disability claim?

It depends. When a disability lawsuit is filed, you request that a Judge declare you totally disabled in accordance with the definition of your disability policy. However, like other lawsuits, disability claims do sometimes settle for lump sum payments.

Why am I being told to apply for CPP?

Most, if not all, LTD disability policies mandate that a claimant apply for CPP disability. Most LTD carriers will request that a claimant apply for CPP disability after two years of disability payments. Your LTD insurance company then gets to “set-off” or deduct your CPP monthly payment from the amount of long-term disability payable to you

What can my Disability Insurer Deduct from my monthly benefit?

It all depends on what your disability policy says – however, most policies state that the following may be deductible from your long-term disability benefits IF you are receiving a severance package, Ontario Works benefits, Ontario Disability Support Plan (ODSP), Workplace Safety Insurance Board (WSIB) benefits, Employment Insurance (EI), CPP or other income replacement benefits.

What is the change of definition?

Typically, LTD policies contain a provision that considers a person eligible to receive benefits if he is disabled from working at his own occupation for the first two years. This is known as the “own occupation” (own occ) period. Thereafter, the test changes to a more difficult definition which requires the individual to be disabled from performing any occupation for which he is reasonably suited (language like “qualified, or could become qualified for, by reason of education, training or experience”). This is known the “any occupation” (any occ) period.

Because the test for the “own occ” period is less onerous, and the insurance company’s potential exposure is lower, insurers will often pay benefits during the “own occ” period, but resist paying benefits into the “any occ” period. During the latter period, the potential payout, especially for a young person, could be significant. Before the “own occ” period expires, the insurance company may send the insured to one or more independent medical examinations (IMEs) with a view to obtaining medical evidence to use to support terminating the claim at the end of the “own occ” period or conduct surveillance.

What do I do if my Long-Term Disability Benefits were Denied?

If you have been denied long-term disability, the best thing you can do is contact our Hamilton disability lawyers to discuss your situation, no matter where you are in Ontario. We can help guide you through the process and offer you options with respect to your denied claim and how to appeal it through the court system.

What does “Total Disability” mean?

Total disability in the context of disability insurance typically has two meanings. The vast majority of disability policies provide that total disability within the first two years of benefit payments is established where the insured is unable to perform the important duties of his or her regular job, even though the insured may be capable of performing another occupation. This is otherwise known as the “own occupation” disability provision. After 24 months of disability, most policies provide that payments of benefits will be made to an insured who is unable to perform the activities of any occupation for which he or she is suited by reason of education, training and experience.

What does “Own Occupation” mean?

A person is totally disabled and unable to carry on his or her own occupation if the disability prevents him or her from performing the substantial duties of that occupation.

How long do long-term disability benefits last?

A Long-Term Disability policy generally pays a portion of the policyholder’s usual salary or income as a monthly benefit until the person (in most cases):
1) Is able to return to work.
2) No longer meets the definition of being disabled.
3) Reaches retirement age (age 65), so long as the person continues to meet the policy requirements.
4) Some policies pay only for a defined period (such as 5, 10, or 15 years), while others cover a person for life.

What is short-term disability?

Short-term disability (STD) are benefits that carry from the date of onset of disability and the application for long-term disability. STD is often offered through group employer plans. Short-term disability is meant to carry you through the elimination period. Common elimination periods are 30, 60, 90, or 120 days. After the elimination period is over, the claimant would then apply for long-term disability. STD policies are usually paid for by the employer and cover income replacement for the first 120 days of injury or illness.

What is the elimination period or qualifying period?

There is usually a qualifying or elimination period, which can range from 90 to 180 days, during which no benefits are paid. During this period, the person may cover their lost wages by drawing on a short-term disability (STD) policy, employment insurance, or government sickness benefits, which may provide an additional 15 weeks of sick benefits. STD policies are usually paid for by the employer and cover income replacement for the first 120 days of injury or illness. The longer the elimination period, the lower the disability premium, often dramatically so. The most common elimination that we see is 90 days.

What’s the point waiting 120 days before filign for long-term disability?

This waiting period is otherwise called your elimination period. Typically most policies have a 120 elimination period. It’s during this period that you would apply for short term disability.

Wht if I can do some of my job?

In considering own occupation, if the claimant is able to perform only minor functions of his or her job, the claimant is nonetheless totally disabled.

How much long-term disability can I get monthly?

Most policies may provide benefits equal to:
– 60-65% of gross monthly earnings;
75% of net monthly earnings; up to age 65; or for a fixed number of years.

Reductions may apply so that your total income from all sources does not exceed a certain amount.

For example, the policy provision may state that the employee’s total income from all sources is not to exceed 85% of your pre-disability earnings if the benefit is taxable or 85% of the pre-disability net earnings if the benefit is non-taxable.

Benefit amounts may also be reduced by other benefits that a person receives or is entitled to receive from sources specified by the policy wording

Can severance payment be deducted from my long-term disability?

The deductibility of severance packages depends on the policy wording, for the most part. If the wording is clear and unambiguous, you will have to look no further, but that is not always the case. Where the wording is not clear, consideration must be given to the nature of the severance package

Can my LTD deduct WSIB Payments?

Yes, some policies contain offsets for amounts received through WSIB claims.

In Richer v. Manulife Financial, 2007 CarswellOnt 1713 (Ont. C.A.), the insured’s policy provided for an offset for amounts he was entitled to receive through a WSIB claim. The insured plaintiff had made a WSIB claim but it had not yet been resolved. Entitlement to receive payments was not dependent on an application for compensation being approved. Manulife was entitled to reduce the monthly benefit payable to the insured under the policy by the amount of WSIB benefits to which he would have been entitled had he not elected to proceed with an action.

See also Robert Wilken v. Sun Life Assurance Company, 2017 CarswellOnt 19517 (Ont. C.A.), where the court noted, at paragraph 3:

“The plaintiff’s voluntary decision to make a retroactive election, foregoing WSIB benefits to pursue a tort action, effectively would deny the insurer its contemplated and permitted offset, thereby elevating the insurer’s relevant coverage obligation to a ‘first payor’ status that obviously was not intended.”

How long do I have to hire a disability lawyer after I’ve been denied?

Typically, a lawsuit must be commenced within two years of the date the benefits were denied unless otherwise specified by the contract. Determining when the limitation period begins to run is not always obvious, and often, the principle of discoverability complicates matters.

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