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HALIFAX Halifax Long-Term Disability Lawyers

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Mike Dull

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If you have become disabled and find yourself unable to work, long-term disability, or LTD,  insurance could replace a portion of your lost wages and help ensure that you can support yourself and your family. A Halifax long-term disability lawyer can help you secure your benefits with minimal stress and complications.

While it might seem like accessing these benefits should be easy for individuals who’ve become disabled, the unfortunate truth is that the process is not always as straightforward as it should be. Insurance companies often make it difficult for people to get the benefits they need. Eligible claimants might become discouraged when they discover that their initial long-term disability coverage application has been denied.

At Valent Legal, our experienced and compassionate disability lawyers understand the frustration that people feel when their disability application has been denied, or if their benefit payments have been reduced or stopped altogether. If this has happened to you, don’t despair. Schedule a free consultation with our knowledgeable Halifax long-term disability lawyers to learn more about how we can help you.

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Our Halifax-based legal team proudly serves communities across Atlantic Canada, guiding injury victims through traumatic experiences with care and compassion while working to get them justice.

We’re dedicated to helping make wrongs right. Here’s what makes us different:

  • Client-first representation: To us, every case is personal. We take a client-focused approach to support you through every step of the legal process, restoring stability and dignity to your life while we fight to get you the compensation you deserve.
  • Commitment to community: Our roots in Atlantic Canada run deep. We’re proud to partner with organizations like Lids for Kids and the Elizabeth Fry Society, helping make a difference in the lives of our friends and neighbors.
  • Deep knowledge: Our team has decades of combined experience in personal injury law and an extensive record of strong representation at trial.
  • Award-winning advocacy: Our accolades include Tier 1 regional rankings in Halifax for Class Action Litigation and Personal Injury Litigation from Best Law Firms, as well as rankings for Insurance Law and Medical Negligence.
  • Approachable and accessible: Our attorneys communicate in plain language and are available to answer questions through every step of the process.

Contact us today to schedule a free, no-risk case assessment with our trusted legal team. You won’t pay us anything unless we win your case.

What Is Long-Term Disability Insurance in Nova Scotia?

Long-term disability insurance, or LTD, helps provide income to individuals who lose the ability to work due to an injury or illness. LTD insurance is typically available through your employer, but you can also purchase coverage individually. While terms can vary from plan to plan, LTD generally kicks in when other types of benefits, such as short-term disability insurance and employer sick leave, have been exhausted.

Most beneficiaries can expect an LTD policy to cover 60%-70% of their usual income. Depending on the specifics of your plan, you might be eligible to receive benefits for up to two years if your disability prevents you from returning to the job you formerly held. After that two-year period, you might only qualify for benefits if your disability prevents you from doing any type of work.

Common Conditions That Qualify for Disability Benefits

Examples of conditions that can be eligible for long-term disability include:

  • Fibromyalgia
  • Limited upper body mobility
  • Slowed walking or limited lower body mobility
  • Digestive disorders, such as Crohn’s, colitis, IBD, IBS, incontinence, etc.
  • Breathing disorders, like COPD, tuberculosis, emphysema, and chronic asthma
  • Hearing Impairment
  • Cognitive impairment
  • Degenerative diseases
  • Cancer
  • Chronic fatigue syndrome
  • Heart disease
  • Depression
  • Anxiety

Dealing with a long-term disability can be overwhelming. We’re here to fight for your rights and help you get the compensation you need to support your future.

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What Evidence Is Needed in Long-Term Disability Claims?

In general, an individual might be considered “totally disabled” if they are entirely unable to perform the duties for the position they once held due to their medical condition. Some policies provide “partial disability” benefits to individuals who are no longer able to perform the duties of their former job but could work full or part-time in a different position.

To prove that your condition qualifies, you’ll need to establish causation between your disability and your inability to work. Evidence that can help you prove your eligibility includes:

  • Medical evidence: X-rays, surgery records, clinic notes, and results from lab tests, examinations, or MRIs can show compelling, objective evidence of your disability.
  • Your doctor’s opinion: A written statement from your treating physician can serve as an authoritative affirmation of your condition and its effects.
  • Employment records: To be eligible for long-term disability, you must include documentation proving you were employed at the time you became disabled. You must also verify your income to receive benefits.
  • Impact details: Providing thorough notes and specific examples of how your disability affects your daily life and prevents you from working can significantly improve your chances of a successful application.

While your claim is pending, you should continue to seek treatment from your physician to show that the condition is ongoing, and it is wise to do so even after you’ve been approved for benefits. If you fail to continue treatment, the insurance company might have grounds to terminate the payment of benefits.

What if My Disability Isn’t Highly Visible?

At Valent Legal, we recognize that some disabling conditions may not be visible on X-rays or MRIs. Our Halifax long-term disability lawyers have extensive experience helping people with conditions that the insurance company might reject due to a lack of “objective evidence,” including:

  • Post-traumatic stress disorder, or PTSD
  • Chronic pain
  • Depression
  • Anxiety
  • Fibromyalgia

We work with trusted medical experts to help you win your LTD claim. We’ll be prepared to present a strong case to your LTD insurance provider to help you pursue the benefits you need and deserve.

How Change of Definition Can Affect You: Own Occupation vs. Any Occupation

If you’ve become disabled, you might be able to receive disability benefits from your policy initially, but the payments might stop after a period of time. This usually occurs after two years of receiving benefits, and often means that you are subject to a “change of definition.”

Under most LTD policies, people are eligible to receive long-term disability benefits when they are unable to work at their “own occupation.” However, benefits might be terminated after two years if the individual cannot prove that they are unable to work in “any occupation.”

This is a complicated issue that can be quite stressful for many individuals who count on these benefits to survive. Fortunately, you do not have to simply accept the insurer’s determination. It may be possible to have your benefits reinstated. Our long-term disability lawyers at Valent Legal have successfully advocated for individuals in similar situations, helping them regain the benefits to which they are entitled. We’re ready to do the same for you. Schedule your free case review with our team today.

Why Do Disability Claims Get Denied in Halifax, Nova Scotia?

You should receive the insurance company’s initial decision within a few months of submitting your application. However, many LTD claims are rejected on the first attempt. Though insurers often cite a lack of “objective evidence” in denying claims, other common reasons for denials include:

  • Medical disagreements: Insurers may dispute your doctor’s opinion on the eligibility of your disability or whether it fully prevents you from working.
  • Allegations of deception: An insurance company can baselessly accuse you of failing to properly follow your treatment plan, reckless behavior, or even pretending to be ‘more disabled’ than you are. Insurers may even have investigators follow you in an attempt to gather evidence to show that your claim is fraudulent.
  • Procedural issues: Insurers can reject your claim if it’s filed after a key policy deadline, if it’s missing certain forms or documents, or even for minor paperwork errors.

What to Do If You’re Denied Long-Term Disability Benefits

If you’ve received a denial of benefits letter from your long-term disability insurance company, don’t give up hope. There is a process to appeal a denied benefits claim. An experienced disability lawyer at Valent Legal can help you dispute the decision and seek the benefits you’re entitled to. Deciding between an appeal and a lawsuit can be tricky on your own.

By law, insurers are required to provide a written denial of benefits. The denial letter will typically include reasons for the company’s decision and specify a deadline for you to appeal. Your disability lawyer can ensure that your appeal is filed on time, so you do not lose your right to pursue further action.

At each stage of the appeals process, your claim may be approved. The stages include the following:

Internal Appeals

Employees at the insurance company will review your application again and reconsider the denial decision. Most companies allow for two or three rounds of internal appeals before the appeal must proceed to the next stage, but this process can take multiple months to complete.

Appeal by Lawsuit

If internal appeals prove unsuccessful, you could file a lawsuit to challenge the insurance company’s decision. If the lawsuit proceeds to a trial, a judge or jury will decide whether you qualify for benefits. The decision is binding on both you and your LTD insurer.

If your lawsuit is successful, you could also be eligible to collect compensation for additional damages, including mental distress caused by the denied disability benefits and financial losses, like your legal costs. However, the process of filing and pursuing a lawsuit can take anywhere from a year to longer to resolve.

Out-of-Court Settlement

At any time during the appeal by lawsuit, the insurer could offer you a one-time, lump-sum settlement. This is usually offered in exchange for dropping the lawsuit and agreeing not to seek benefits under the plan. These lump-sum settlements typically include payments for both past and future benefits. However, they might be limited to a specific year’s worth of payments, which might not be the actual amount that you’re entitled to.

Most cases that escalate to a lawsuit are settled before trial, saving both sides time and resources while allowing you to secure benefits earlier.

Limitation Periods in Long-Term Disability Claims

If your disability insurer refuses to pay you long-term disability benefits, you will need to file an objection within 30, 60, or 90 days, according to the specific terms of your policy. If you wish to forego the internal appeals process, you generally have either two years in the province of Nova Scotia under the Limitation of Actions Act to file a lawsuit against the insurer.

The exact timeframe for filing suit depends on your policy. It is important to consult with an experienced lawyer as soon as you receive a denial letter from your disability insurer to make sure you don’t run out of time to sue.

The limitation period will begin as soon as your benefits are denied and you are notified of the denial. Even if your insurer allows you to appeal the decision or submit additional evidence for your case, the limitation period will continue to run. For this reason, initiating a court action against an insurer as soon as possible will help expedite the legal process.

Why Work With a Halifax Long-Term Disability Lawyer?

When you’re facing a denial of your benefits, having reliable legal representation on your side is crucial. At Valent Legal, our long-term disability lawyers in Halifax are experienced in guiding clients through the process of appealing denied disability applications, contesting reduced benefit payments, and filing lawsuits against insurance companies when necessary.

When you work with our team, you’ll receive:

  • Compassionate Legal Advice: At Valent Legal, our Halifax disability lawyers are committed to assisting clients whose insurance companies are withholding the benefits they need to survive. We understand that dealing with a disability is challenging enough. Let us alleviate the legal burden by navigating the application, appeal, or litigation process for you.
  • Appeal Support: Appeals can be expensive and time-consuming. You may need to collect additional medical charts or medical opinions if your benefits have been denied. This may include an Independent Medical Evaluation or a Functional Capacity Evaluation. We’ll help you collect the evidence you need while identifying your best options for financial support.
  • Litigation Experience: Sometimes, pursuing an internal appeal just won’t cut it. At our firm, our lawyers will help you file a lawsuit against your insurance provider when it’s necessary to pursue the full amount of benefits you deserve. We’ll provide support throughout the litigation process, from the initial filing to representing you in cou

Long-Term Disability: Frequently Asked Questions

Are Long-Term Disability Benefits Taxable in Nova Scotia?

Generally, this will depend on who pays the premiums for the LTD policy. If your employer pays all or part of your long-term disability insurance premiums, the benefits you receive are typically considered taxable income. However, if you pay the full premiums yourself with after-tax dollars, the benefits will usually be tax-free. It’s important to review your policy with a lawyer or speak with your insurer or employer for specific details about your tax obligations.

What’s the Difference Between Group and Individual Disability Insurance?

Group disability insurance is provided through an employer or association and often offers lower premiums and fewer options for customization. Individual disability insurance is purchased personally and paid for by you. Typically, it provides more flexible coverage, benefit amounts, and terms. While you can retain your individual policy if you change jobs, group LTD coverage will normally end when your employment does.

How is Short-Term Disability Insurance Different From Long-Term Disability Insurance?

Short-term disability, or STD, insurance covers temporary injuries or illnesses and will normally provide applicants with up to six months of benefits. Long-term disability, or LTD, insurance will pick up after STD benefits end and is intended for more serious or prolonged conditions. LTD can continue for years at a time, or even until you hit retirement age. While it is often easier and quicker to obtain STD benefits, LTD provides extended financial protection for long-term health issues.

How Much Does it Cost to Hire a Long-Term Disability Lawyer?

At Valent Legal, our Halifax long-term disability lawyers offer completely free initial consultations. In addition, we work on a contingency fee arrangement for LTD cases, meaning you don’t pay any money unless and until we successfully recover compensation for you. At that point, we will deduct a pre-agreed percentage of the compensation you receive. This way, you can have financial and emotional peace of mind throughout the legal process.

How Much Can You Get for Long-Term Disability in Nova Scotia?

Most LTD plans provide beneficiaries with 60%-70% of their regular monthly income.

How Long Does Long-Term Disability Last?

Benefits typically last up to two years if you can’t return to your previous job. If you’re unable to work at any job, you may be able to continue receiving benefits after two years.

Can You Go on Vacation While on Long-Term Disability?

It’s possible to take a vacation while on long-term disability, but you may need to notify your insurer and get approval in advance. It’s also important to ensure you can continue any prescribed treatment plans for your condition while you’re away.

When an injury or illness has left you unable to work, you deserve the long-term disability benefits that you paid for through your hard work or payments toward your policy. If your insurance company wrongly denies your claim, the Halifax disability lawyers at Valent Legal will be there to answer your questions, help you understand all your legal options, and advocate for you.

Our team of knowledgeable long-term disability lawyers and compassionate support staff is committed to getting you the benefits you need, whether you are applying for the first time, appealing a denied claim, or need help re-establishing benefits that were terminated.

Reach out to us to schedule a consultation at absolutely no cost to you. We take LTD cases on a contingency fee basis. If we can’t help you get the benefits you seek, you won’t owe us a thing in legal fees.

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