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 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’ve paid your premiums on every single paycheck, and now you’re left on your own with no answers and no income. But please, don’t give up, no matter what your disability insurance company tells you – you have rights. You have the right to hire your own Hamilton long-term disability lawyer for free to help get your monthly disability payments back on track.
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 through all stages of denied disability benefits.
This includes those denied short-term disability benefits, long-term disability benefits or have had disability benefits 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.
The process of appealing your long-term disability denial can be complex and confusing. Our Hamilton long-term disability lawyers have recovered millions in wrongfully denied insurance benefits, and we can help you start your case today. We are familiar with the complexities of the process and we know how to build a strong case to support your claims.
If you’ve been denied long-term disability, contact our Hamilton long-term disability lawyers to learn what options you have. We have over two decades of experience litigating every major disability insurance company in Canada.
We can provide professional representation to ensure you receive the long-term disability benefits you are entitled to. Contact us today for more information or to schedule an appointment with our firm. 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.
Unfortunately, many disability claims are initially denied. Disability applications can be denied at the application stage for various reasons. If this occurs, it’s important to retain an experienced Hamilton long-term disability lawyer to ensure your case is handled efficiently.
Most disability claimants obtain disability insurance through their work group disability policies. Disability insurance in Ontario covers all types of medical conditions, such as severe bipolar disorder, anxiety, depression, schizophrenia, severe chronic pain, MS and other related health conditions.
Remember, to qualify for long-term disability benefits in Ontario, you must suffer a total disability. This means medical professionals deem you to be unable to perform the substantial duties of your own occupation.
Individuals who suffer severe injury or illness often rely on monthly income benefits to pay their bills and contribute to family finances. However, some insurance companies unreasonably deny disability benefits to properly qualified claimants. The system is complicated; speaking with a Hamilton long-term disability lawyer is the best way to learn your rights and options.
If your insurance company has wrongfully cut off your disability benefits, it’s best to speak with an experienced Hamilton long-term disability lawyer. Do not wait. Disability policies in Canada provide that claimants are entitled to disability payment of benefits if they satisfy their policy definition of total disability.
The definition of “total disability” within the first two years is established when you cannot perform the important duties of your “own occupation”, even if you may be capable of performing another job. After two years, most disability policies change their definition to “any occupation”, meaning that you must be unable to perform the activities of any occupation for which you are reasonably suited by your education, training, and experience.
It’s normally at this two-year mark that disability companies cut off disability benefits. Insurance companies will often use the argument that you are able to work at “some type of job” – even if this is not the case.
While it’s true that insurance companies can terminate your benefits at any time if they find that you no longer meet the definition of “total disability,” many do so too early and unfairly. If this happens, you have the right to contact a disability lawyer and make a claim for benefit reinstatement.
The longer you wait to hire a Hamilton long-term disability lawyer, the longer you will go without income.
Our Hamilton long-term 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 Hamilton disability lawyer to help protect your rights and get you the benefits you deserve.
We welcome your live chat, 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.
Not only are consultations with our Hamilton long-term disability lawyers free – but if we decide to work together, there is no upfront 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 Hamilton long-term 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 Hamilton long-term disability lawyer to work hard to achieve a successful outcome.
Hiring a disability lawyer is a crucial step in navigating the complexities of disability law and securing benefits. Here are some steps to help you find and hire the right Hamilton Lawyer, as well as some important questions to ask:
Research disability lawyers: Start by searching online for Hamilton long-term disability lawyers in your area or asking for referrals from friends, family, or local disability organizations. Look for a Hamilton lawyer, such as Matt Lalande, who specializes in disability law and has experience handling cases similar to yours.
Check credentials and experience: Review the disability lawyer’s websites or professional profiles to check their credentials, education, and years of experience.
Schedule consultations: Although we believe clients always return to us, we do recommend that you meet one or two long-term disability lawyers before making your decision. Contact a few lawyers to schedule initial consultations, which are often provided free of charge. This will give you an opportunity to discuss your case, ask questions, and determine if the lawyer is the right fit for you. To contact and schedule your free consultation with Matt Lalande, click here.
Prepare for the consultation: Before the consultation, gather all relevant documents, such as your denial letter, work history, and any previous correspondence you have between you and your disability insurance company. Then, make a list of questions you want to ask the long-term disability lawyer.
Questions you ask a Hamilton long-term disability lawyer during the consultation should include:
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 Hamilton long-term disability lawyer 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.
When Disability Insurance Companies deny benefits to their own claimants, they often advise that new or fresh medical documents be submitted to their “Appeals Team” or to 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 own 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 who 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 Hamilton long-term disability lawyers for long-term disability support right away—unfortunately, internal appeals rarely work.
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:
Disability claims are extremely complex to litigate and can be extremely challenging for those who have never gone through it. An experienced Hamilton long-term disability lawyer knows the disability process well and can help you get your disability income benefits reinstated.
Our disability lawyers will review your case with you – at no cost. We can help evaluate your insurance claim and advise you on how the disability laws in Ontario apply to your case, as well as your options with your appeals.
If we decide to work together, our Hamilton long-term disability lawyers will take a detailed inventory of your clinical history and request that your medical providers send us a synopsis of your medical history and clinical, rehabilitation, and medication records.
A claim is then started against your disability carrier, seeking a “declaration” that your disability insurance carrier pays you all of the past benefits owed to you and orders that you are reinstated on the claim. This means your benefits will be restarted and will continue.
Our Hamilton long-term disability lawyers work with the best experts all over Ontario. They will ensure that the best specialist is hired to provide an opinion on your case. Remember – you have the burden of proving your disability. Working with experienced Hamilton long-term disability lawyers gives you the best chance to do this effectively.
Our Hamilton long-term 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.
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.
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 policy definition. Don’t give up without talking to an experienced Hamilton disability lawyer.
You do not need to come to the office—even if you are in Hamilton. We can discuss your claim by Zoom, Facetime, or telephone. We are usually able to determine quite quickly whether your long-term disability insurance company unreasonably denied or cut off your benefits.
We are happy to schedule a free consultation to discuss your situation. If we think you have a case, we can always meet by Zoom, Facetime or Google Meet anytime you need. We also have the technology to serve clients remotely.
For example, you can have access to your file digitally, and any and all 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.
If your disability claim was wrongfully delayed or denied, you should consult an experienced Hamilton long-term disability lawyer who focuses on and has experience with long-term disability cases. They know disability law, insurance policies, and the legal landscape/appeals process well. This specific knowledge and experience is invaluable when getting your benefits reinstated as soon as possible.
We understand that being denied or cut off from long-term disability insurance can be financially disastrous for people relying on their monthly benefits. Most claimants that we speak to are caught off guard. If you are like most disability insurance policyholders, you are probably surprised by your claim denial. You paid the premiums, privately or through work, for your policy as agreed. You expected to receive your benefits as agreed; then, you’re turned away.
You must not delay contacting a Hamilton long-term disability lawyer who can help you get your disability benefits back on track. An experienced Hamilton disability lawyer can provide you with proper guidance and advice on advancing and appealing your denied disability claim.
Our Hamilton long-term disability lawyers have experience gathering the medical evidence needed to assist you in proving that you satisfy your policy’s definition of total disability, whether “own” or “any” occupation. Remember – the longer you wait, the longer it will take to get your monthly benefits started again.
Below are some of our disability resource guides to assist you with understanding your disability claim:
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 totally disabled within the first 24 months of benefit payments if they cannot perform the substantial duties of their current job and from carrying 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 long-term disability lawyers for more information so we can review your case and advise you of your rights.
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 the context of disability claims? 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.
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 Hamilton long-term disability 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.
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:
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. It’s completely understandable that 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 to you.
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 own 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 own 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.
Disability claims are complex. Do not try to make the 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 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.
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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.
Talking with our long-term disability lawyers is ALWAYS free. We never ask our clients for money upfront.
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.
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.
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
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.
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
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 the benefit:
1. Severance packages
2. Ontario Works benefits
3. Ontario Disability Support Plan (ODSP)
4. Workplace Safety Insurance Board (WSIB) benefits
5. Employment Insurance (EI)
6. Financial Gifts
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.
There are a variety of reasons why an LTD claim may be denied or terminated:
1. Lack of forms and necessary documentation.
2. The employer did not provide the proper documentation.
3. Misrepresentations on claims forms or other supporting documentation, such as a pre-existing condition that was not mentioned or not fully disclosed.
4. Missed time limit for submitting a claim.
5. Failure to have the injury or condition properly documented by the client’s doctors.
6. Failure to participate in treatment regimens.
7. Surveillance evidence contradicting the client’s claimed level of disability.
8. The change of definition.
9. Adjuster inattention.
10. The insurance company does not understand your disorder or disease.
11. A biased insurance company medical expert.
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.
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.
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 and from carrying out its major functions
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.
Some policies pay only for a defined period (such as 5, 10, or 15 years), while others cover a person for life.
Unfortunately, many long-term disability insurance policies have exclusions and limitations that may prevent you from collecting long-term disability benefits. If you read the fine print in your long-term disability policy, you will no doubt notice a provision entitled “exclusions”, some of which are:
Alcohol and Substance Abuse – many policies do not have coverage for absenteeism because of substance abuse.
Self-inflicted injuries or illness – if you have hurt yourself or caused yourself to be sick, you may be declined long-term disability insurance.
Medical or surgical care that is not necessary – if you “elect” surgical care that is not vital to receive, you can be denied long-term disability benefits.
Committing or attempting to commit an assault – assault will most likely cause you to be declined benefits.
Being involved in or committing a criminal act will probably void coverage.
There are three types of disability insurance coverage:
1. Government Plans – which include the Canada Pension Plan (CPP), employment insurance, and Worker’s Compensation (WSIB).
2. Group Benefit Plans – which are available through an employer or an association. Group plans offer more limited disability protection but at a lower cost to the insured and employer.
3. Individual Long-Term Disability Policies – available directly from an insurance company or broker on a client-by-client basis. They offer the most extensive protection but at a higher cost to the insured.
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.
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.
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.
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.
Most policies may provide benefits equal to:
65% of gross monthly earnings;
75% of net monthly earnings;
Benefits that last:
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
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
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.”
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.
Probably – but you should talk to your accountant to get the proer tax advice. However what we have learned is that legal expenses paid to collect or establish the right to reinstatement of disability insurance benefits or the right to a lump sum disability insurance settlement of past and future benefits are deductible for tax purposes. Where a claimant incurred legal expenses, those expenses are deductible from the settlement amount as being reasonably necessary expenses incurred to realize the settlement that was achieved. Without the legal expense, the settlement amount would not have been realized by the claimant. Where the lump sum disability insurance settlement between the claimant and the disability insurer does not specify the amount of legal costs, the Tax Court of Canada will consider the evidence of what legal expenses were incurred.
I was a dental hygienist that suffers from really bad scoliosis. My insurance company ignored my doc & cut my benefits off & told me I could do “something”. Matt got me CPP Disability and and LTD settlement – I don’t know what I would have done without him.
My daughter was killed by a drunk driver and it forever changed all of our lives. It seemed that for two years time stopped. This was no an easy journey. Matt let me sit in on the discovery of the driver and boy, he never let up. In the end, our grand-daughter was taken care of and we were compensated for our loss – which we then donated to a cause we believed in.
I call Matt my knight in shining armour. After I was struck by a car while cycling and permanently crippled, he fielded all communications with my especially difficult and downright nasty insurance adjuster. Every step of my care was a battle and I did not have the strength to fight alone.
I lost my leg in a terrible motorcycle accident and Matt help me recover compensation I need because I could not work and the cost of prosthetics and rehab are out of this world. I don’t know what I would have done without him.
My brother ended up paralyzed after a car accident and Lalande did SO MUCH to help get things straight from him getting out of the hospital to all his care for life. We are so grateful for Matt & Heather. I don’t know how my family could have done this without them.
