Hamilton Short-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.
A sudden illness or injury can turn a stable life upside down. When you can’t work, short-term disability benefits are meant to provide immediate financial support while you recover. Yet many claimants quickly discover how confusing, frustrating, and adversarial the process can become. Employers insist on paperwork. Insurance companies demand medical records, question your symptoms, or deny your claim outright. And while you are trying to manage your health, you’re forced into a system designed to scrutinize every step you take.
Our firm represents individuals who have been denied short-term disability benefits, had payments cut off too soon, or are being pushed back to work before they are medically ready. We understand the medical, legal, and financial pressure these situations create. We take on the insurer so you can focus on your recovery. With extensive experience in disability litigation across Ontario, we know how to interpret policy language, challenge unfair decisions, and build the evidence needed to protect your income and your peace of mind.
If your short-term disability benefits have been denied or wrongfully terminated, you do not have to navigate this alone. We are here to help you understand your rights, advocate on your behalf, and guide you toward the security you deserve.
Matt Lalande has established a strong reputation as a leading Hamilton disability lawyer, regularly helping injured and ill Ontarians secure the benefits they were unfairly denied. Since 2003, he has focused on representing people whose disability insurers have cut off payments, delayed decisions, or terminated benefits without justification—particularly in cases involving the two-year mark or the change of definition. When a disability carrier suddenly stops providing income, the impact can be overwhelming. Individuals and families face financial uncertainty, heightened stress, and the emotional strain of trying to recover while battling an insurance company that does not understand the reality of their condition.
Our Hamilton disability law firm is committed to protecting claimants across Ontario who find themselves in this position. We understand how complex these claims can become, and we know how to build persuasive medical and legal evidence to challenge an insurer’s decision. Our goal is to ensure you receive the disability benefits you are rightfully owed.
If your disability benefits have been denied or terminated, our Ontario disability lawyers are ready to help. You can reach us toll-free at 1-844-LALANDE, locally at 905-333-8888, or through the contact form. We will respond promptly and begin guiding you through your next steps.
Denied Short-Term Disability: What are my Rights?
If your disability insurer cuts off benefits in Ontario, the decision is not final simply because the insurer says so. Insurance companies are legally required to handle claims honestly, assess medical evidence fairly, and comply with the specific language of the policy. In reality, benefit terminations are often driven by internal cost pressures rather than a genuine improvement in a claimant’s health.
You are entitled to obtain legal advice to determine whether the denial or termination of your short-term disability benefits was improper and to take steps to have benefits reinstated. This typically involves demonstrating that you continue to satisfy the policy’s definition of disability, supported by credible medical and vocational evidence—not selective reports chosen by the insurer.
Time limits apply to challenging a denial, and missing them can permanently bar your claim. Many people lose benefits not because they are capable of returning to work, but because insurers rely on incomplete file reviews, paper-based opinions, or assessments that ignore treating physicians. Knowing your rights early—and acting promptly—can be critical to preserving your income and protecting your financial future.
Should I Hire a Hamilton Short-Term Disability Lawyer?
Short-term disability claims are often treated as routine by insurers, but they are governed by strict policy terms, tight timelines, and internal claims practices designed to control payouts. When an insurer questions whether you are “disabled enough,” disputes the duration of your benefits, or demands repeated proof while you are still unwell, the process quickly becomes adversarial. At that point, legal representation can make the difference between benefits continuing and benefits being cut off prematurely.
Insurance companies do not approach short-term disability claims as neutral decision-makers. They operate as profit-driven businesses, and their claims departments are structured to reduce overall exposure. Adjusters routinely rely on narrow readings of medical notes, internal medical reviewers who never examine you, and technical policy language to justify delays, reductions, or outright denials. Claimants who attempt to navigate this process alone often find themselves overwhelmed and outmatched.
Short-Term Disability Claims Are More Complex Than They Appear
Although short-term disability benefits are time-limited, the legal and medical requirements are demanding. Policies contain detailed definitions of disability, mandatory reporting obligations, and deadlines that leave little room for error. A missed form, an imprecise medical note, or a misunderstood policy clause can be enough for an insurer to suspend or terminate benefits, even when you remain genuinely unable to work.
Medical evidence plays a central role. Insurers frequently argue that a family physician’s notes are insufficient or inconsistent. They may request functional assessments, specialist opinions, or additional documentation on short notice. A disability lawyer understands what insurers look for, how to address alleged gaps in evidence, and how to present your medical condition in a way that accurately reflects your functional limitations.
Legal Representation Changes the Dynamic
When a lawyer becomes involved, the balance of power shifts. Insurers know they are dealing with someone who understands disability policies, recognizes improper claims practices, and is prepared to escalate the matter if necessary. This often results in more careful claim handling, fewer arbitrary demands, and a greater willingness to resolve disputes efficiently.
Legal representation also relieves the personal strain. Managing a disability claim while dealing with pain, illness, or financial stress is exhausting. Your lawyer takes over communications, pushes back against unreasonable requests, and ensures that your rights are protected, allowing you to focus on recovery rather than constant conflict with an insurer.
No Legal Fees Unless Benefits Are Recovered
Lalande Personal Injury Lawyers acts on a contingency fee basis for disability matters. That means legal fees are only payable if benefits are recovered. This structure removes the financial risk of seeking help and aligns your lawyer’s interests with achieving the best possible outcome for you.
The Risk of Going It Alone Is Significant
Even short-term disability benefits can represent a substantial portion of your income at a critical time. An early termination or denial can trigger cascading financial consequences, including unpaid bills, employment issues, and pressure to return to work before it is medically safe. Insurers rely on the fact that many claimants are unfamiliar with their rights and willing to accept adverse decisions without challenge.
You would not perform your own medical treatment. You should not be expected to confront an insurance company’s legal and medical machinery on your own. If your short-term disability benefits have been delayed, reduced, or denied, working with an experienced disability lawyer can protect your income and your peace of mind.
For guidance from a lawyer who focuses on disability claims, contact Matt Lalande for a free consultation.
Do I need to Hire a Lawyer Who Focuses on Disability Claims?
When a short-term disability claim is delayed, restricted, or terminated, working with a lawyer who concentrates on disability law is often critical. Disability insurance disputes are not ordinary benefit disagreements. They sit at the intersection of contract law, insurance practices, medical evidence, and tightly enforced procedural rules. A lawyer who regularly handles disability matters understands how these moving parts interact and how insurers use them to justify adverse decisions.
Disability insurers approach short-term claims with the same institutional resources they use for long-term exposure. Claims adjusters, in-house medical reviewers, and legal advisors assess files daily with the goal of limiting payouts and accelerating returns to work. They scrutinize medical notes, question functional limitations, and rely on internal opinions that may not reflect your real-world ability to perform your job. Effective advocacy requires familiarity with these tactics and the experience to challenge them in a meaningful way.
Experience Matters Even in Short-Term Claims
Although short-term disability benefits are limited in duration, the financial and professional consequences of a denial can be significant. A knowledgeable disability lawyer understands how to evaluate the true value of a short-term claim, including lost income, employment implications, and the risk of being forced back to work prematurely. They know how insurers interpret functional capacity, how vocational duties are assessed, and how medical evidence must be framed to accurately reflect work-related restrictions.
Lawyers who focus on disability law also recognize recurring problem areas. Insurer questionnaires, return-to-work pressures, surveillance concerns, and abrupt benefit suspensions are not isolated events. They are predictable features of disability claims handling. Experience allows a specialist to anticipate these issues early, guide you through them carefully, and avoid missteps that insurers later rely on to justify denials.
Deadlines Are Unforgiving
Short-term disability claims are governed by strict timelines. Internal appeal deadlines, notice requirements, and contractual limitation periods leave little margin for error. Missing a key deadline can permanently compromise your right to benefits. A lawyer who routinely works in this area tracks these timelines precisely and understands when exceptions or extensions may apply.
If your short-term disability benefits have been denied, restricted, or terminated, this is not the moment for general legal advice. It is a situation that calls for focused experience in disability insurance law.
Hamilton Long-Term Disability Lawyer Matt Lalande has represented disability claimants for more than two decades and has built a practice devoted to holding insurers accountable. He is the only personal injury lawyer in Ontario invited to contribute to Disability Insurance Law in Canada, a leading reference relied on by lawyers and courts when deciding disability disputes.
Matt has litigated against insurers such as Manulife, RBC, Sun Life, and Canada Life. He understands how disability claims are evaluated internally and how to respond when benefits are unfairly denied or cut off.
If you are facing resistance from your insurer or are concerned that your short-term disability claim is being mishandled, experienced legal guidance can protect both your income and your future. Contact Lalande Personal Injury Lawyers for a free consultation before an insurer’s decision becomes final.
How do I Find the Right Hamilton Short-Term Disability Lawyer Near Me?
If you have never hired a lawyer before, searching for the right one can feel like another full-time job—especially when you are dealing with illness, pain, or the stress of a disrupted income. Start by speaking with people you trust who have seen how disability claims play out in real life. Friends, family members, coworkers, health care providers, union representatives, and HR staff often know which lawyers actually push back when an insurer delays, minimizes, or ends benefits. First-hand experience matters because someone who has lived through a dispute with an insurance company can usually identify the difference between a lawyer who is responsive and persistent and one who simply processes files.
Next, research online, but do it with purpose. Look for lawyers who regularly handle disability claims rather than lawyers who list disability as one of many practice areas. Review their professional background, writing, and the way they explain disability disputes in public-facing materials. Read Google reviews carefully and focus on patterns. Consistent feedback about clear explanations, timely communication, thorough preparation, and a willingness to confront insurers is more meaningful than one or two dramatic testimonials.
You should also verify a lawyer’s standing through the Law Society of Ontario and confirm that they remain in good standing. Where available, check disability advocacy organizations that maintain referral resources and contact the Hamilton Law Association to ask for referrals to lawyers who handle disability insurance disputes.
Do not choose counsel based on advertising alone. A billboard or television spot can signal marketing strength, not legal skill. Some firms run high-volume practices and move files quickly, which may result in minimal strategy and early settlement pressure. Other firms advertise and still do excellent work. The point is that visibility should never substitute for due diligence.
You can protect yourself by speaking with more than one lawyer before you decide. Ask direct questions about how the lawyer handles benefit denials and terminations, how they develop medical evidence, how they communicate with clients, and how they approach settlement versus escalation. A capable lawyer explains the process in plain language, answers hard questions without deflection, and gives you space to decide without pressure.
Online communities can also provide perspective, but they are not a substitute for individualized legal advice. Facebook groups focused on disability claims often provide emotional support and shared experience, and members may discuss insurers, timelines, and lawyer recommendations. Reddit can also be useful for understanding common claim issues. Treat anything you read in these spaces cautiously, because experiences vary widely and what worked for one person may not apply to your medical condition, policy wording, or employment situation. You should also be careful about recommendations based only on popularity, because enthusiastic endorsements do not always reflect strategy, competence, or results.
Additional Considerations When Choosing a Disability Lawyer
Before you retain anyone, ask about fees in clear terms. Many disability lawyers work on contingency, but rates, disbursements, and cost arrangements differ. Make sure you understand the percentage, how costs are handled, and whether you may be responsible for disbursements in any circumstance.
If you feel uncertain, ask whether the lawyer can provide references from prior clients. Many reputable lawyers can provide client feedback in an appropriate way, and they should not be offended by a careful decision-making process.
Pay attention to how you feel during the consultation. If the lawyer dismisses your concerns, seems distracted, makes unrealistic guarantees, or pressures you to sign immediately, take that as a warning sign. You need a lawyer who listens, explains, and advocates with care—not a lawyer who sells.
You should also ask who will actually handle your file. Some firms delegate most work to associates or staff. Delegation is not inherently a problem, but you deserve to know who will manage your claim, who will communicate with the insurer, and who will make strategic decisions.
Ask how the lawyer stays current. Disability insurance disputes evolve as courts release new decisions and insurers change internal practices. Lawyers who write, teach, attend continuing education, or otherwise demonstrate ongoing engagement with disability law often bring sharper judgment to the file.
Finally, ask about medical evidence. Strong disability claims depend on credible documentation. A lawyer who regularly handles these matters understands how to work with treating providers, obtain functional evidence that matches the demands of your job, and retain specialists when needed to address insurer criticisms.
The right lawyer should leave you feeling informed and respected. You should feel more clarity after the consultation, not more confusion. Take your time, ask difficult questions, and choose counsel who approaches your disability claim with the seriousness it deserves.
How do I Find a Free Disability Lawyer Consultation near me?
Our Hamilton short-term disability lawyers understand that the last thing you need after having your benefits denied or cut off is another bill. This is why disability 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 short-term 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, speak to an experienced Hamilton disability lawyer at Lalande Personal Injury Lawyers 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.
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 ResultsFor a young man who lost 2 limbs in a terrible motorcycle accident.
For a Trucker who suffered serious 3rd degree Burns in a California Trucking Accident.
For a middle aged woman who suffered severe brain trauma. Tort + AB
How Much Does a Disability Lawyer Cost to Hire in Hamilton, Ontario?
At Lalande Personal Injury Lawyers, consultations for disability matters are provided at no charge. If you decide to move forward, you are not required to pay any legal fees upfront. Legal fees are only payable if your claim is successful, whether that success comes through the reinstatement of benefits or a negotiated financial resolution.
This arrangement is known as a contingency fee. Simply put, the firm is paid only if you recover benefits or compensation. If there is no recovery, there is no legal fee. This structure allows clients to pursue legitimate disability claims without taking on additional financial risk at an already difficult time.
Under a contingency agreement, legal fees are calculated as a percentage of the amount recovered. While the exact percentage depends on the circumstances of the case and is clearly set out in writing before representation begins, contingency fees in disability matters typically fall within a defined range that reflects the complexity, risk, and work involved. There are no surprise charges, and the fee structure is discussed openly before any commitment is made.
Contingency arrangements are particularly common in disability disputes because claimants are often without income when benefits are denied or cut off. These cases may involve recovering unpaid benefits, securing future entitlement, or addressing improper claims handling by an insurer. The contingency model allows injured or ill individuals to assert their rights without having to fund litigation out of pocket.
This approach also aligns interests. Because your short-term disability lawyer’s compensation depends on the outcome, there is a direct incentive to prepare the case thoroughly, challenge the insurer’s position, and pursue the strongest possible result. Clients gain experienced representation without upfront cost, and lawyers are motivated to achieve meaningful recoveries rather than quick or inadequate resolutions.
If you have questions about fees or are concerned about affordability, a free consultation allows you to understand your options clearly before making any decisions.
Contact us today for a Free Consultation.
What Questions Should I Ask When Meeting a Hamilton Short-Term Disability Lawyer?
A consultation is your opportunity to assess whether a lawyer is the right fit for your disability claim. The questions you ask should focus on experience, strategy, communication, and transparency. Disability insurance disputes are highly specific, and the quality of representation can directly affect both the outcome and your experience during the process.
Experience in Disability Law
You should begin by asking about the lawyer’s background in disability law and whether they regularly handle claims similar to yours. Experience matters most when it is directly relevant. A lawyer who routinely deals with benefit denials, suspensions, and insurer disputes will recognize patterns and risks that may not be obvious at the outset. Also ask how the lawyer stays current in this area of law. Disability insurance practices evolve through new court decisions, policy interpretations, and insurer strategies. Lawyers who remain engaged through continuing education, writing, or teaching often bring sharper insight to their files.
How is Success Measured?
It is also appropriate to ask how the lawyer measures success and what results they have achieved in comparable cases. While no ethical lawyer can guarantee an outcome, they should be able to explain how they have helped other clients recover benefits and what factors typically influence success.
How will your Case will be Handled?
You should also discuss how your case would be approached. A competent disability lawyer can explain the likely steps, how medical evidence will be developed, and what timelines are realistic. This conversation should give you a clearer picture of what lies ahead, not add uncertainty.
Clarify who will be responsible for your file
Some firms involve multiple lawyers or staff members. There is nothing inherently wrong with that, but you should know who will manage day-to-day decisions, who will communicate with the insurer, and who you can contact with questions.
Ask about Communication
Communication is critical. Ask how often you can expect updates and how the firm responds to client inquiries. Disability claims can take time, and regular, clear communication makes the process more manageable.
Ask about Legal Fees
You should also ask direct questions about fees. Confirm whether the lawyer works on a contingency basis and how fees are calculated if the claim is successful. Inquire about potential additional expenses, such as medical records or expert opinions, and how those costs are handled.
What do you think about my case?
A valuable question is how the lawyer views your case at an early stage. An experienced disability lawyer should be able to identify both strengths and potential challenges and explain how they would address areas of concern. This shows preparation and honesty rather than salesmanship.
What do I have to do?
Finally, ask what you can do to support your claim. Successful outcomes often depend on cooperation, accurate reporting, and timely medical follow-up. A good lawyer will guide you on how to avoid common mistakes and strengthen your position.
After meeting with more than one lawyer, compare not just their answers but how those answers made you feel. You should feel respected, informed, and heard. Comfort and trust are not minor considerations. When you are dealing with a disability claim, the last thing you need is added stress or uncertainty about your legal representation.
The right Hamilton short-term disability lawyer combines experience with clear communication and a client-focused approach. Taking the time to ask thoughtful questions at the outset can help you choose someone who will advocate effectively and guide you through a complex process with confidence.
Why were my Short-Term Disability Benefits Denied?
A denial of disability benefits rarely means that an insurer believes you are healthy or able to work. In most cases, denials are driven by process, paperwork, or insurer interpretation rather than medical reality. Understanding the most common reasons benefits are refused helps explain why legal intervention is often necessary.
Incomplete Paperwork
One frequent reason for denial is incomplete or inconsistent paperwork. Disability insurers enforce documentation requirements rigidly. When someone is unwell, in pain, or under financial stress, missing a form or failing to provide a specific document is easy. Insurers often treat these gaps as grounds to deny or delay benefits instead of assisting the claimant in completing the file. These decisions are administrative, not medical. Experienced disability lawyers step in to correct deficiencies, assemble complete records, and prevent insurers from relying on technical omissions to avoid payment.
Pre-Existing Conditions
Insurers also commonly allege misrepresentation or undisclosed pre-existing conditions. These accusations often arise from selective readings of medical charts or minor historical issues that have no real connection to the current disability. A denial on this basis does not mean the claimant acted dishonestly. It typically reflects an insurer’s attempt to reframe the claim to justify refusal. Careful analysis of medical records and timelines is essential to show the true cause of disability and dismantle these allegations.
Missed Deadlines of Limitation Issues
Missed deadlines are another common basis for denial. Disability policies contain strict notice and submission timelines that are often unclear or poorly communicated. People dealing with illness or injury may miss a deadline despite acting reasonably. Courts frequently recognize that rigid enforcement can be unfair when a claimant is medically compromised. These denials can often be challenged by establishing the surrounding medical and factual context and demonstrating that the delay was reasonable.
Inadequate Medical Evidence
Many claims are denied because insurers assert that the medical evidence is inadequate. This is particularly common in cases involving chronic pain, fatigue, psychological conditions, autoimmune disorders, or neurological illness. The absence of so-called “objective evidence” does not mean the disability is not real. It usually means the insurer is applying an unrealistic evidentiary standard. Strengthening clinical documentation and aligning medical reporting with functional limitations is often the key to overcoming these denials.
Non-Compliance with Treatment
Insurers also terminate benefits by alleging non-compliance with treatment. These decisions often ignore real-world barriers such as treatment ineffectiveness, side effects, cost, availability, or medical contraindications. Disability law does not require a person to pursue every possible treatment option, only those that are reasonable and medically appropriate. Clarifying treatment history and medical rationale is often enough to defeat these allegations.
Surveillance that Contradicts your Evidence
Surveillance is another tactic insurers rely on heavily. Short video clips taken out of context are used to suggest that a claimant is capable of sustained work. These recordings rarely show pain levels, recovery time, or the cumulative effect of activity. A brief moment of function does not negate a disabling condition. Surveillance evidence must be challenged carefully to expose its limitations and misleading nature.
Some denials occur simply because claims are mishandled. Adjusters may be overburdened, inexperienced, or inattentive. Medical updates are overlooked, and decisions are made without meaningful review. These cases often resolve once the insurer is forced to properly engage with the evidence.
Misunderstood Medical Conditions
Finally, many insurers misunderstand the conditions they are evaluating. Chronic pain, mental health disorders, autoimmune disease, and neurological conditions do not follow predictable patterns. Insurers often rely on outdated assumptions or biased internal medical opinions. Reports from insurer-chosen examiners frequently minimize symptoms or ignore treating physicians. These opinions are not determinative. They can be challenged with proper medical evidence, clinical explanations, and functional analysis.
A denial does not mean your claim lacks merit. In many cases, it signals that the insurer has chosen a path of resistance rather than fair assessment. With experienced guidance, these decisions can often be overturned or resolved by hiring an experienced short-term disability lawyer.
My Disabilty Insurer is Telling me to File an Internal Appeal. Should I?
When an insurer denies disability benefits, it is common for the denial letter to encourage you to submit additional medical information to an internal “appeals” department for reconsideration. These requests are often framed as an opportunity to correct the decision and restore benefits without outside involvement.
Understandably, many people follow this advice. After a denial, claimants are often under significant financial pressure and hope that providing more medical records will prompt the insurer to reverse course. The appeal process is presented as collaborative and fair, giving the impression that the insurer is open to reconsidering its position.
In practice, internal appeals rarely lead to reinstatement of benefits. Claimants frequently spend time and money obtaining updated medical reports, only to face long delays and repeated requests for more information. During this period, benefits remain unpaid, savings are depleted, and financial stress increases. By the time the appeal concludes, months may have passed with no income and no meaningful progress.
The core issue is that an internal appeal is not truly independent. The same insurance company that denied the claim controls the appeal process. The individuals reviewing the file work for the insurer and operate within the same institutional framework that led to the original decision. Expecting an insurer to impartially overturn its own denial is often unrealistic.
This does not mean additional medical evidence lacks value. It means that how and when that evidence is presented matters. Submitting records directly into an internal appeal can unintentionally strengthen the insurer’s position by allowing it to test its denial strategy before any legal pressure is applied.
Before committing to an internal appeal, it is wise to obtain legal advice. An experienced disability lawyer can assess whether an appeal makes sense in your specific situation, how to preserve your rights, and when it is more effective to proceed directly toward litigation or formal negotiation.
If your insurer has denied benefits and is urging you to pursue an internal appeal, speaking with a disability lawyer can prevent unnecessary delay and protect your position. Our Hamilton Short-Term Disability Lawyers can review your denial and help you decide on the most effective next step before valuable time and resources are lost.
What Medical Conditions Qualify for Short-Term Disability Benefits?
While specific requirements for STD benefits may vary depending on the insurance provider and policy, many medical conditions often qualify for long-term disability benefits.
These conditions may include:
Mental Health Claims
- Depression Disability Claims
- Mental Illness Disability Claims
- Schizophrenia Disability Claims
- Borderline Personality Disorder Disability Claims
- Bipolar Disability Claims
- PTSD Disability Claims
- Schizoaffective Disorder Disability Claims
- Psychiatric Illness Disability Claims
- Burnout & Breakdown Disability Claims
Chronic Conditions Disability Claims
- Arthritis Disability Claims
- Charcot Foot Disability Claims
- Crohns Disease Disability Claims
- Huntongton's Disease Disability Claims
- Lyme Disease Disability Claims
- Strokes & Disability Claims
- Multiple Sclerosis Disability Claims
- Cirrhosis Disabiity Claims
- Liver Disease Disability Claims
- Fibromyalgia Disability Claims
- Rheumatoid Arthritis
- Stroke Related Disability Claims
- Autoimmune Disorder Disability Claims
- CRPS Disability Claims
- Heart Disease Disability Claims
- Scoliosis Disability Claims
- Sjrogen's Syndrome Disability Claims
- Substance Abuse Disability Claims
- Epilepsy Disability Claims
- Immunodeficiency Disorders Disability Claims
- Chronic Respiratory Disease Disability Claims
- HIV Disability Claims
- Covid-19 Disability Claims
Injury Disability Claims
Disability Benefits Denied? Call Now 905-333-8888
Contact Us
Do You Serve Disability Clients all Over Ontario?
Yes. While our short-term disability lawyers are based in Hamilton, our practice is designed to represent clients across Ontario and throughout Canada. Disability insurance disputes are not limited by geography. What matters is the policy, the medical evidence, and the insurer’s conduct—not where you live.
For clients in Southern Ontario, we invite you to attend our office or consultations may also be done virtually through video platforms such as Zoom, Teams, FaceTime, or Google Meet.
Our files are managed digitally, which allows clients to access their documents easily and complete signatures and authorizations remotely. This approach is particularly important for individuals whose injuries or illnesses limit mobility, make driving unsafe, or prevent the use of public transportation. Access to legal representation should never depend on physical ability.
Because short-disability benefit denials often create immediate financial pressure, efficiency matters. For clients outside the Hamilton area, we typically recommend an initial consultation by phone or video so that advice can be provided quickly and next steps can be taken without delay. We routinely assist clients in nearby communities, including those searching for Burlington disability lawyers, and we maintain regular contact with clients throughout Ontario.
A denial of disability benefits can feel discouraging and isolating, but it is not the end of the process. You have the legal right to challenge an insurer’s decision and, if necessary, have a judge determine whether you meet the policy definition of disability. Before accepting a denial as final, it is important to understand your options and timelines.
If your benefits have been denied or terminated, speaking with an experienced short-term disability lawyer can clarify your position and help you move forward. Firms such as Lalande Personal Injury Lawyers represent clients across Ontario and are equipped to act quickly, regardless of location.
Understanding Your Disability Claim
Below are some of our disability resource guides to assist you with understanding your disability claim:
- How do I Apply for Long-Term Disability?
- I’ve Been Denied Disability – What Should I Do?
- Why were my Disability Benefits Denied?
- Why is my CPP deducted from my LTD?
- The Difference Between CPP and LTD
- Can I get a settlement from my LTD Lawsuit?
- What happens after being on Disability for 2 years?
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?
Surveillance 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.
Our Hamilton Short-Term Disability Lawyers Fight for Benefits
When a medical condition prevents you from performing the essential duties of work for which you are reasonably qualified by education, training, or experience, you should not have to guess at your rights. Before pursuing a claim, responding to a denial, or accepting an insurer’s explanation, it is critical to understand the full scope of your entitlement and the strategies insurers use to avoid payment.
Confronting a disability insurer in Ontario is rarely straightforward. Insurers are sophisticated, well-resourced, and focused on reducing financial exposure. Many claimants seek legal help only after months of pressure, repeated requests, and shifting rationales for non-payment. These tactics are not accidental. They are designed to exhaust claimants, create doubt, and discourage continued pursuit of benefits.
One common strategy involves insurer-selected medical assessments. These examinations are often brief and narrowly focused, and the resulting opinions frequently minimize symptoms or overlook key medical evidence. In some cases, the assessor lacks appropriate specialization for the condition being evaluated but nevertheless provides opinions that the insurer treats as decisive. This approach contrasts sharply with ordinary medical practice, where complex conditions are referred to qualified specialists.
Insurers may also attempt to frame benefit termination as a matter of choice. Claimants are sometimes offered rehabilitation or retraining programs that are unrealistic, medically inappropriate, or disconnected from their actual functional limitations. When a claimant declines, insurers may argue that the individual has chosen not to work and therefore does not qualify for benefits. This reasoning ignores the legal and medical reality of disability and must be challenged with proper evidence.
Disability does not require complete incapacity. The law does not demand helplessness. It requires an inability to sustain work that is reasonably suited to your background and capabilities. Insurers often blur this distinction, pointing to isolated abilities while ignoring endurance, symptom fluctuation, cognitive limitations, or the cumulative effect of activity.
When benefits are denied or terminated, experienced advocacy matters. Matt Lalande has represented disability claimants at every stage of the process, from initial denials to terminations at policy definition changes and litigation to recover unpaid benefits. Through his work at Lalande Personal Injury Lawyers, he has acted for hundreds of individuals facing insurer resistance.
The objective is not simply reinstatement. It is full accountability. That includes recovering past benefits that should have been paid, protecting ongoing entitlement, and ensuring benefits continue for the full duration allowed under the policy. Disability benefits are earned through premiums and employment. When insurers refuse to pay, firm and informed legal action is often the only way to secure what you are rightfully owed.
Contact an Experienced Hamilton, Ontario Long Term Disability Lawyer Today
Disability insurance disputes are legally and medically complex. Attempting to navigate an appeal without guidance can put your claim at risk, particularly when insurers are experienced, strategic, and focused on limiting payouts. Retaining a disability lawyer who regularly litigates against Canada’s major insurance companies is often the most effective way to protect your entitlement and avoid missteps that insurers later rely on to justify denials.
Lalande Personal Injury Lawyers have represented disability claimants across Ontario since 2003, acting for individuals whose benefits were wrongfully denied or terminated. The firm works on a contingency fee basis, meaning legal fees are only payable if benefits are recovered or a resolution is achieved. There are no upfront costs, and if the claim is unsuccessful, no legal fees are owed. This structure allows claimants to pursue their rights without taking on additional financial strain while holding insurers accountable through experienced advocacy..
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 Short-Term Disability FAQ
What qualifies as a short-term disability in Ontario?
A short-term disability generally includes any illness, injury, or medical condition that temporarily prevents you from performing the essential duties of your job. This can include surgery recovery, mental health conditions, flare-ups of chronic illness, pregnancy-related complications, or acute injuries.
How long do short-term disability benefits last?
Most of the time – yet depending on your employer’s policy or insurance plan – benefits usually end around 120 days. There are exceptions of course.
How much does short-term disability pay in Ontario?
Most short-term disability plans pay 60% to 70% of your regular income, up to a weekly maximum set out in the policy. Some employer plans offer higher coverage, while others apply caps that reduce higher earners’ benefits. Some policies pay out 100%
Who pays for short-term disability benefits?
Sometimes the employer pays the benefits and a disability insurance company administers the approval/denial/payments. Sometimes the disability insurer pays. It is all dependent on what the employer decides.
Can short-term disability be denied?
Yes. Short-term disability claims are frequently denied due to insufficient medical documentation, missed deadlines, alleged non-compliance with treatment, or insurer claims that you are capable of working. A denial does not mean you are not disabled.
Do I need a lawyer for a short-term disability denial?
While not legally required, speaking with a disability lawyer can be critical if your benefits are denied, delayed, or terminated. Insurers apply strict rules and often rely on technical reasons to refuse payment. Legal advice can help protect your rights and income.
Can I be fired while on short-term disability in Ontario?
An employer cannot terminate you because you are disabled. However, employment issues can arise during disability leaves. If termination occurs while you are on short-term disability, legal advice is strongly recommended to assess whether your rights were violated.
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 medical evidence is needed for short-term disability?
Insurers usually require medical notes confirming diagnosis, restrictions, limitations, and expected recovery time. Vague or inconsistent medical records are a common reason for denial. Insurers may also request specialist reports or functional assessments.
Can mental health conditions qualify for short-term disability?
Yes. Conditions such as anxiety, depression, PTSD, burnout, and stress-related disorders commonly qualify for short-term disability if they prevent you from performing your job duties and are supported by medical evidence.
What happens if my short-term disability benefits end but I still can’t work?
If you remain unable to work when short-term benefits expire, you need to apply for long-term disability (LTD). Timing is critical, as LTD applications often require advance notice and updated medical documentation.
Should I file an internal appeal if my short-term disability claim is denied?
Insurers often encourage internal appeals, but these are reviewed by the same company that denied the claim. Before appealing, it is wise to obtain legal advice to avoid delays, missed deadlines, or unintentionally strengthening the insurer’s position.
