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Proving Your Long-Term Disability Claim

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Proving Your Long-Term Disability Claim

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.
proving disability himpro

Insurers often deny claims for long term disability without hesitation. It is in their best interest to deny these claims from a profit standpoint. However, it is not in the best interest of the disabled party who is entitled to receive these benefits.

If your claim for long-term disability benefits has been denied, you have the right to appeal the decision. The appeal process can become quite complicated, and you will need the assistance of a lawyer for the best possible outcome for your appeal.

Proving Your Disability

When proving disability Ontario residents will be required to prove that they have a physical or mental disability. This will include answering questions that are similar to the following:

  • What is your disability, and when did you first experience symptoms?
  • How is this disorder preventing you from performing your work duties?
  • Is the injury or illness work-related?
  • Have you suffered from this or a similar condition in the past?
  • Are you currently undergoing treatment for the condition?
  • What types of treatment have you received, are currently receiving or will receive in the future for this condition?
  • Do you feel that you will be able to return to work in the future?
  • Are you receiving any other benefits, such as workers’ compensation?
  • What are the names of your treating physicians?

When proving disability, you will also be required to provide the insurer with the following:

  1. Access to all of your medical records concerning your condition
  2. Information on how to contact your employer (or past employer) regarding your job duties

You may also be asked to attend an independent medical exam by a medical care provider chosen by the insurance company.

In addition to these requirements, to prove disability applicants will also have to show the insurer that they cannot perform their job duties. The first proof must show that the disability prevents the person from performing their specific job. The second test is determining if the disability prevents them from doing any type of gainful employment based on their experience and schooling.

These two qualifications can be a little more difficult for the disabled party to show. What the insurer believes is possible to do with a medical condition and what is reality are often quite different. This is why having legal representation is very necessary during the appeal process.

What a Lawyer Can Do for Your Case

The insurance companies are responsible for making the long-term disability claim process complicated. It is their goal to make the process complicated in hopes that you will become frustrated and drop your claim.

The process should be much simpler. You should only be required to meet the same qualifications as those by the Canada Pension Act, which governs CPP benefits. Under this Act, a person is considered disabled if:

  • The person has been diagnosed with a severe or long-term mental or physical disability
  • The condition is classified as severe because it prevents the person from having gainful employment
  • The condition is anticipated to last for a long period of time or cause the eventual death of the person

Proving disability should not be more complicated than meeting these criteria.

Working with a lawyer will help ensure that the insurance company honors its policies and does not cause you undue harm or stress by willingly prolonging the claims process. A lawyer will make sure that the conditions set forth by the Canada Pension Act are followed, and that excessive testing is not forced upon the applicant.

It does not matter if your long-term disability coverage is a private policy or one provided by your employer, they are all required to honor the terms of the policies that they issue, regardless if it impacts their bottom line.

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.

OUR CLIENTS

What They Say About Us

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.
T TT T
17:46 16 Feb 24
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
LizLiz
22:43 18 Jan 24
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.
Neeshanth SritharanNeeshanth Sritharan
21:49 01 Jan 24
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!
Faiza HamidFaiza Hamid
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.
Brenda FurtadoBrenda Furtado
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!
ShaunaShauna
15:52 06 Dec 23
We are so happy that we had David and his team represent us. We couldn't have asked for a better team. Not only is David incredibly skilled and experienced, he is kind and compassionate and it is clear how much he cares for his clients. Megan was also absolutely amazing to work with and was always on top of everything and there to answer any questions we had! Thank you!
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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HIMPRO BY HIMELFARB PROSZANSKI LLP

HIMPRO is a leading law firm with full service personal injury and disability insurance lawyers. We have been recognized by Best Lawyers and assigned the highest rating, AV Preeminent, from Martindale-Hubbell. We provide a combined century of trial experience which has led to the successful settlement of over 10,000 cases with combined settlement value in excess of 3/4 billion dollars. Our mission is to win your case. At HIMPRO by Himelfarb Proszanski LLP we build winning cases. That’s the HIMPRO Advantage™.

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Toronto ON
M5G 1V2
(416) 599-8080

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L6W 3W8
(905) 595-6760

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Kitchener ON
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Oshawa ON
L1H 4G1
(289) 634-5554

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