Blog Post

Was Your Long Term Disability Claim Denied Because You Applied Too Late?

Posted by Kotak Law Office on November 30, 2018
Posted under Long Term Disability

Most short term disability and long term disability insurance policies will contain clauses that set our when your claim for disability benefits must be submitted.  Sometimes disability claims are denied by insurers on the basis that the application was filled too late.

There are many reasons why people file their claim outside of the insurance policy timelines.  For example:

  • your employer may not have provided you with a copy of the policy
  • your employer may not have cooperated in the application process
  • your illness or disability may have impacted your ability to apply
  • your doctor was late in filing out the physician statement

If your short term or long term disability claim has been denied because of a late filing of your application your disability lawyer can help. Some remedies include claiming against your employer for causing the delay or claiming relief of forfeiture from your disability insurance company. Relief from forfeiture is an equitable remedy and is provided for in the Ontario Insurance Act.

In deciding whether relief from forfeiture should be granted a court will apply a three part test and consider:

  • the conduct of the person claiming relief
  • the gravity of the breach (delay in applying)
  • the disparity between the benefit being claimed and the damage to the insurance company caused by the delay.

At Kotak Law we represent people who have been denied short term and long term disability benefits. We work tirelessly on our clients’ behalf. We are approachable and will guide you through the entire process.

We understand that being denied disability benefits can be frustrating and devastating. Your time to fight your disability insurance company is limited. Please do not delay in calling long term disability lawyer. We have successfully sued numerous disability insurance companies including: Manulife, Sunlife, Desjardins, Great West Life, Blue Cross, AIG, SSQ, RBC, Industrial Alliance and more.
Call your trusted long term disability lawyers at 1-888-GOKOTAK or (416) 816-1500. Our consultation is free and we don't get paid until you do. We can meet you at our offices, at a coffee shop, your home or a local court house. We represent disabled people throughout Ontario including Toronto, Mississauga, Brampton, Milton, Georgetown, Orangeville, Oakville, Burlington, Hamilton, St. Catharines, Niagara Falls, Stoney Creek, Kitchener/Waterloo, Cambridge, London, Windsor. Markham, Pickering, Oshawa, Peterborough, Keswick, Kingston Ottawa and other locations.
Disclaimer: This article is intended to supply general information to the public. We make every effort to ensure the accuracy of this information. However, as laws change quickly, the reader should always ensure the accuracy and applicability of such information with respect to their particular case. The information contained in this article cannot replace a thorough and complete review of the reader's situation by competent legal counsel who has had an opportunity to review all of the facts.
Posted under Long Term Disability
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