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The process of filing for long-term disability in Ontario typically starts by confirming whether you have coverage under a group medical plan or an individual long term disability policy, then reading through your insurance policy, verifying the elimination period, filling out claim forms, obtaining medical documentation and filing the application within the timeframe. The position of the LTD claim should be clear and include a form of explanation for the diagnosis, restrictions, limitations and treatment, and why you cannot work due to your medical condition.
Commonly known as LTD benefits, long-term disability benefits are designed to cover a disability or illness that lasts for a long period of time, and that prevents you from doing your job. Typically these benefits are provided through workplace coverage or individual long term disability insurance, or occasionally integrated right into a larger fringe benefits package.
The application process may seem daunting for a lot of people. You can have pain, medical visits, loss of income, pressure from your employer and requests from your insurance carrier at the same time. Knowing what to do early can prevent delays in your disability claim, improve the scope of your disability claim and reduce the chances of your disability claim being denied. Mental illness can also qualify when its effect prevents you from performing your job duties or supporting yourself financially, including conditions such as depression, anxiety, and bipolar disorder.
The waiting period for the start of long-term disability benefits is called the elimination period. You will often have to be disabled for the whole period.
For most Ontario long-term disability plans, the elimination period is usually 90 to 120 days before benefits begin, although some policies use 180 days. The elimination period may start on the date of the disability or the date you were last able to work.
You might be able to receive short-term disability benefits, paid sick leave, Employment Insurance sickness benefits, savings, or other income support during this time.
Prior to submitting a claim for LTD benefits, review your policy for:
This depends on your employer and/or insurance company.
If benefits are to be paid monthly or they are to be paid back at some point after approval The Government of Canada states that a medical certificate may be needed to receive EI sickness benefits which can cover up to 26 weeks of benefits if a person is not able to work because of illness.
Inform your employer, HR department, benefits administrator, or insurance company immediately after you think your illness, injury or disability may keep you from working past the end of the short-term disability benefit period.
By providing early notice, you establish your claims, verify your deadlines, and can ensure you get the proper long-term disability application forms; note that most insurance companies require prompt notice and will provide the necessary forms. Your employer will initiate most workplace LTD plans by filling out the insurer’s claim package.
If you have private disability insurance, you should contact your insurance company.
If you are notifying your employer or insurance provider, request:
You don’t have to tell your employer all the private medical information. But you need to make sure that you are not able to work and that you plan to pursue long-term disability benefits. If you’re interested in similar information about qualifying conditions, check out this article on what conditions are eligible for long-term disability benefits from Grillo Law.
Your long term disability claim should function as a complete evidence package, not just a set of forms, and it should be complete, consistent and specific. The insurance provider will compare your answers with your medical examination, job duties, employer statement and Insurance Policy. If responses are incorrect or ambiguous, that fact may put your claim on hold or lead the insurance company to refuse payment. Your package should include diagnostic results, specialist reports, and journals documenting your symptoms.
The majority of LTD application packages have 3 primary forms:Applicants can also include a covering letter summarizing attached documents, timelines, and any unique circumstances.
In the context of an LTD claim, medical documentation may be one of the most critical components. Typically, diagnosis is not sufficient, and for mental health conditions the lack of visible symptoms can make it harder to prove impairment to employers and insurers, so records from your medical providers should be thorough and detailed. Your records should include details of your symptoms, restrictions, limitations, treatment plan, and why your condition makes it impossible to perform the essential duties of your job.
If there is strong medical evidence, it could include:
Thorough provider records and a treatment schedule help show ongoing limitations and support recovery tracking.
The insurance company will typically request proof that you are being treated and taking your medications, and may also ask for updated medical evidence to continue benefits, especially in mental health claims. According to the Financial Consumer Agency of Canada, disability insurance is designed to replace income in the event of illness or injury, and provides a percentage of earnings, depending on the insurance policy.
Submit all completed forms and supporting evidence to your insurance provider before the policy deadline, often within 30 to 90 days after the elimination period ends. Missing a deadline can lead to denial of benefits or legal complications. Maintain copies of all paperwork, medical records, e-mail correspondence, upload confirmation, fax receipt, courier tracking, and insurance company correspondence.
Prior to filing an LTD claim, please be sure to do the following:
Once you’ve made your claim for LTD benefits, check back with your insurance provider to ensure that your claim was received and that there were no missing documents or medical records. The insurer may also ask you to attend an interview after receiving the claim. Record every phone call, email, letter and request from the insurance company on paper.
Request confirmation from the insurance company:
Be sure to provide any additional information requested by the insurer and retain copies of any correspondence. If you feel the request is unclear, too general, repetitive, or not relevant to your disability claim, you may want to consult a long-term disability attorney before answering. You may also be asked to apply for CPP Disability or ODSP, since those sources can affect LTD calculations.
Typical issues when applying for LTD are the lack of medical evidence, the wording of the policy, the delay between the insurance company and the claimant, the insurance company is using a different form, surveillance, pressure to return to work, and disputes regarding whether the claimant is covered by the “own occupation” or “any occupation” criteria.
Typical issues are:
Insufficient medical evidence is one of the most common reasons long-term disability claims are denied, so if the insurer’s records are not clear as to how your condition makes it impossible to work, then your LTD claim may be denied. This is particularly true with chronic pain, mental health conditions, fatigue-related disorders and conditions that do not necessarily show up on imaging. A clear understanding of the required proof can help. Insurers often apply stricter scrutiny to mental health claims because the condition may not be visible.
Others have waited weeks or months and still no word. The insurance company may ask for additional paperwork, provide doctor request forms for you to fill out, follow up or require an independent medical exam. Fights or disagreements regarding work capacity.Conflicts over work capacity.
Many claims are denied because the insurer believes, based on its review, that you can still perform some aspects of your job, return to your own job, do modified duties or do another job. Insurers may also rely on their own medical assessments when reaching that conclusion. This is especially common when the policy changes from the “own occupation” test to the “any occupation” test.
If the employee statement, doctor’s form, employer statement and medical records aren’t consistent, the insurer will be suspicious of your credibility. Consistency is important.
The presentation will include a few case studies of the use of surveillance or social media reviews.
In certain cases of LTD claims, insurance companies may conduct surveillance and/or check social media. Photos, videos, or posts can be taken out of context and used to argue that you are more functional than your medical records suggest.
If your life insurance policy benefits are rejected or cancelled, carefully review the denial letter and your long term disability policy for the exact reason benefits were denied or terminated. Grillo Law has a helpful guide on what to do if your long-term disability claim is denied. Pre existing condition clauses may block entitlement if the condition existed before coverage started. Seek assistance from Ontario disability lawyers instead of appealing directly to the insurer.
A successful LTD application should be detailed, organized, medically supported, and submitted on time. The strongest claims clearly explain your diagnosis, treatment, restrictions, limitations, job duties, and why your medical condition prevents you from working.
To improve your chances of approval:
ODSP may provide financial assistance for people living in Ontario without private coverage, and some applicants may need to apply alternatively through public programs while disputes are ongoing.
For more guidance, see Grillo Law’s article on mistakes to avoid when applying for short and long-term disability.
A Toronto long-term disability lawyer can help you understand your policy, prepare your LTD application, gather medical evidence, communicate with the insurer, challenge a denial, and pursue the benefits you may be entitled to receive. Legal help is especially important if your claim is denied, delayed, or terminated.
If your disability was caused by a car accident, slip and fall, workplace incident, or another injury, a lawyer can also help coordinate your LTD claim with other possible claims or benefits. For example, if your injuries arose from a collision, you may also want to review Grillo Law’s article on the major causes of motor vehicle accidents in Toronto and the firm’s car accident lawyer Toronto page.
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