Blogs


Man wins financial settlement from LTD insurer following termination of benefits

Man wins financial settlement from LTD insurer following termination of benefits

Getting approved for long-term disability benefits is only part of the battle for employees who are unable to work as a result of an illness or injury. The sad reality is that claimants need to steel themselves for further fights with their insurer at various stages of the process — often years after receiving their […]

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Understanding punitive and aggravated damages in LTD claims

LTD Claims

By Nainesh Kotak If someone has been improperly denied long-term disability (LTD) benefits in a way that caused additional harm to their financial, emotional or mental wellbeing, they may be entitled to receive compensation over and above the past benefits owing. Not every case gives rise to these extracontractual damages — more commonly known as […]

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COVID-related delays the latest weapon for LTD insurers denying mental health claims

COVID-related delays the latest weapon for LTD insurers denying mental health claims

By Nainesh Kotak Pandemic-related delays in mental health care are the latest weapon in the arsenal of insurance companies fighting long-term disability (LTD) claims. Our healthcare system has never been perfect, and waiting lists are a fact of life for many Canadians, regardless of your medical ailment. Mental health services have traditionally suffered from a […]

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New eBook demystifies complex world of disability benefit claims

New eBook demystifies complex world of disability benefit claims

A new eBook provides ordinary Ontarians with the tools they need to get through every stage of a disability claim, according to its author, Toronto disability lawyer Nainesh Kotak. Kotak, the principal and founder of Kotak Personal Injury Law, says the complicated process for claiming benefits and challenging denials can feel labyrinthine to anyone without […]

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How to navigate a disability claim for Long COVID

How to navigate a disability claim for Long COVID

By Nainesh Kotak We’re still learning about the long-term effects of contracting COVID-19, but a recent report from an Ontario science advisory group estimates that between 57,000 and 78,000 people in the province had or are currently experiencing long-haul COVID symptoms. What constitutes long COVID varies, but it’s essentially when someone’s symptoms extend beyond the […]

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Preparation key to a successful examination for discovery

Preparation key to a successful examination for discovery (1)

By Nainesh Kotak Facing questions from an insurance company’s lawyer may sound like a daunting prospect, but it doesn’t have to be once you know what to expect. Thorough preparation can take the anxiety out of an examination for discovery. To get you started, here are a few things to know about this key part […]

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Prepare for battle with LTD insurer at two-year mark in disability claim

Prepare for battle with LTD insurer at two-year mark in disability claim

By Nainesh Kotak Steel yourself for a fight with your long-term disability insurer two years after receiving your first benefit payment. Although the terms of each LTD group policy will differ, the vast majority take a crucial turn 24 months into the relationship when the test for coverage changes. For the first two years, workers […]

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Following treatment providers’ advice boosts health, strengthens LTD claim

Following treatment providers’ advice boosts health, strengthens LTD claim

Following your treatment providers’ advice is good for your long-term disability (LTD) claim as well as your health, says Toronto personal injury lawyer Nainesh Kotak. Employees who are forced off work because of a disability will typically end up seeing many medical professionals for a variety of reasons over the course of the LTD claim […]

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Better knowing your LTD group policy

Better knowing your LTD group policy

By Nainesh Kotak No document is more important to your long-term disability claim than your group policy. When it comes down to it, the relationship between the insured person and their insurance company is governed by that contract, which is why it’s the first thing we ask our clients to provide when they’re having trouble […]

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Medical diagnosis not enough for many LTD insurers

Medical diagnosis not enough for many LTD insurers (1) (1)

Getting a medical diagnosis is only half the battle for many long-term disability (LTD) claimants, says Toronto disability lawyer Nainesh Kotak. Although a physician’s statement about the worker’s condition and the prognosis is a key part of a long-term disability claim, Kotak, the principal at Kotak Personal Injury Law, says insurers are rarely happy to […]

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