What Does "Total Disability" Mean In A Long-Term Disability Claim?

One explanation why insurers reject long-term disability (LTD) claims is that they judge a claimant as not being "totally disabled" from carrying out his or her own occupation. If your LTD benefits have been denied or discontinued for this reason, Lang Lawyers can defend your rights.

Each policy has its own definition of "total disability." As experienced LTD claim lawyers in Toronto, Ontario, we have analyzed hundreds of cases and know that insurers often make errors interpreting this condition. If they have done so in your case, we will find them out. Then, we will help you make a solid legal fight to gain income replacement benefits while you recover.

"Total Disability" Does Not Mean Absolute Disability

Although policies differ, an LTD claimant must essentially be "totally disabled" from performing the essential duties of his or her occupation. Many who are denied benefits for this reason give up their case as hopeless. They mistakenly believe that "total disability" means being completely unable to perform any work due to a catastrophic condition such as paraplegia. This is not so.

You may be able to carry out some duties. But the test for "total disability" can be met if any other objective, reasonable person would conclude that it would not be prudent for you to carry out the essential duties of the occupation while trying to recover from an injury or illness.

We Do The Detailed Analysis For You

Understandably, insurers want to avoid paying benefits to individuals who may be abusing the system. The test for "total disability" can help to identify individuals who seek LTD benefits due to lifestyle choices — such as dislike for their coworkers, work environment or type of work.

In the process of identifying abuser, legitimate claims are sometimes wrongly rejected. If you are the victim of such unfair treatment, our lawyers will advocate staunchly to appeal the decision or reinstate your benefits.

When you bring your case to us, we will carefully examine your policy. Then we will examine all of the evidence — medical and work-related. We can spot insurer errors and present your case for the highest chance of approval.

Consult With Our Lawyers About Your LTD Claim

Our lawyers offer free initial consultations. Come in for an appointment. We'll answer your questions and assess your chances. Call us at 800-653-6513 or fill in our contact request form.