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Can Disability Benefits Be Backdated?

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Can Disability Benefits Be Backdated?

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.
backdated disability benefits Himelfarb Proszanski

Disability Benefits

In certain situations, disability benefits can be pursued and recovered retroactively.

Once you have been denied disability benefits, which might happen right at the outset or after you have received disability benefits for some time, you have a cause of action against your insurance company. If you succeed in your subsequent appeal(s) or a lawsuit against them, the insurance company will have to not only reinstate your disability benefits but to also pay you some backdated disability benefits, in particular a lump sum owed in arrears from the denial date to the date of reinstatement.

Timing Matters

There are important timelines that you must follow in order not to lose your legal right to recover disability benefits retroactively. The insurance company prescribes a time period within which you must submit your application for disability benefits. They also stipulate a time period within which you may appeal their denial. Review the policy and their denial letter in order to determine all key deadlines. Very important here is a basic limitation period under the Limitations Act, 2002, which gives you a period of only 2 years from the disability benefits denial date to commence a legal proceeding. And some insurance policies reduce it to 1 year. Missing the limitation period under the Limitations Act, 2002 might be fatal to your chances of recovering disability benefits retroactively.

If you fail to submit an application for disability benefits within the time period stipulated in the Policy, it might be advisable to still apply. The insurance company might accept your “late application” and pay you disability benefits retroactively. And if they deny your application due to a late submission, you may still have a legal recourse to recover disability benefits, both retroactively and on an ongoing basis.

Most remarkably, you may be able to recover backdated disability benefits even after your employment (which provided you with access to disability coverage) ends. In the recent court decision called MacIvor v. Pitney Bowes, 2018 ONCA 381, Mr. MacIvor sustained an injury in 2005, and then later resigned from his job and started a new job with a different employer. In 2010(!), he made an application for disability benefits to the first employer claiming that he had been continuously and totally disabled since suffering an injury in 2005. The Ontario Court of Appeal ruled that Mr. MacIvor still had disability coverage at his former place of employment because his disability claim arose as a result of an occurrence (injury in this case) that took place during his employment there. So, if you suffer an injury or become ill while you are employed (and your employer provides you with disability coverage), and then your employment gets terminated, you might still be able to successfully apply for disability benefits under the former employment’s disability policy and recover disability benefits retroactively.

Get the Help You Need

There are several scenarios under which you can recover backdated disability benefits despite missing deadlines and even after the employment through which you had your disability coverage ends. It is always advisable to consult an experienced disability lawyer for advice if you find yourself in such circumstances.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

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Sherene AlySherene Aly
16:02 23 Mar 24
I was very pleased with my decision to retain David and his team for my case. Melissa Gizzo was simply amazing and was able to secure a fair settlement for me.
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Experienced and excellent law firm. Their lawyers are wonderful, articulate, dilligent, amicable, calm, respectful, responsible, resourceful and have good human and customer relationships Especially DAN HOLLAND 👌 He is an amazing lawyer as regards dealing with any of the Accident case.I was involvedIn an accident in 2019 February. He was God sent as he dutifully and relentlessly worked hard until the case was settled
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I highly recommend Dan Holland as a disability lawyer. His commitment to my case made the process seamless. Dan's clear communication and ability to simplify complex legal matters made it easy for me to understand every step. He demonstrated genuine concern for my best interests, making him not only a skilled attorney but also someone easy to talk to.Dan’s support extended beyond legal expertise; he alleviated my stress during the long-term disability case. His calm approach and unhurried demeanour ensured that there was no rush in our collaboration. This, coupled with his dedication, made the entire experience more manageable, fostering confidence in his ability to handle the case with meticulous care.I wholeheartedly endorse Dan for anyone seeking a lawyer who not only gets results but also prioritizes your peace of mind.
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My mom was involved in an accident impacting her daily life and ability to work. Dan Holland has worked with us during the duration of our case and has been helpful in fighting for her and supporting us, and organizing the things we needed. Our family is incredibly grateful of the outcome Dan was able to obtain for us. I would highly recommend him!
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01:26 22 Dec 23
I'm so happy I chose Mena Brar and her team represet us . We could not ask for a better team she is so kind, loyal, and honest. she spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. I appreciate you. Did it for me and how this will help me get back on track with my life. keep helping others. You are doing amazing works, Mena Brar. I wish you all the best.
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23:38 12 Dec 23
Many thanks to Silene Malhao for settling my husband's TORT claim and to Mena Brar for settling his accident benefits claim. These ladies made themselves available any time we had a question. They were very understanding and compassionate. We were completely taken care of throughout this process. We would definitely recommend this team to friends and family!
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15:52 06 Dec 23
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Andrew CoutoAndrew Couto
23:10 21 Nov 23
I'm so happy I chose David as my lawyer. I spoke to a few lawyers before finding David and I noticed majority of them spoke to me in a way that felt demeaning or that my case wasn't big enough or important enough to take. One phone call with David and my opinion on lawyers changed. He spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. The whole process was wonderful. From dealing with David's law clerk Ingrid whom is an amazing and kind woman to his legal assistant Melissa whom is another amazing kind and talented young woman. I was so stressed about this case but from day 1 they helped ease that stress and always answered all my questions promptly and respectfully. I couldn't believe David got me to mediation within 6 months of being cut off my LTD and got me a settlement way beyond my expectations. I can't say enough good things about this law firm but I guarantee you that if you need a lawyer to fight for you David is your guy! . Believe me when I say this is the law firm for anyone dealing with personal injuries especially LTD denial claims. Thank you so much to David, Ingrid and Melissa you truly don't know how much I appreciate all you did for me and how this will help me get back on track with my life. Keep helping others you guys are doing amazing work! I wish you all the best!
Rose RegazziRose Regazzi
21:15 11 Oct 23
I sustained a relatively painful injury, affecting me long term.I wouldn't otherwise had pursued it, as it involved a relatively large corporation, but felt it necessary to do so. However, many lawyers were daunted, with one, who actually referred me to HIMPRO.I was connected with Dan Holland, who reviewed the case, provided with me realistic expectations, sound advice and had a willingness to move forward and represent me.His calm and professional demeanor, brought me to a place of reassurance. His ease in addressing all facets of this process, clearly demonstrated a wealth of experience. There was never any hesitation, when being challenged, and felt my best interest was always in the forefront.This case has since been resolved, to my complete satisfaction.Without reservation, HIMPRO (and Dan Holland, in particular), would be the only firm I would recommend for these type of cases.
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