Caledon Disability Lawyers

At Kotak Law, we know the terrible toll caused by denial of your long term disability benefits. The immediate reaction of most Caledon residents in this situation is to turn to their insurer’s internal appeals process. Unfortunately, the deck is stacked against the claimant in this process, and it can be difficult – and take years – to win the benefits that you are owed.

That’s why you need an experienced Caledon disability lawyer to force your insurance company to give you the disability benefits that you deserve. Take charge of your case, and contact Kotak today.

Caledon Disability Cases in the News


About one out of three Canadians become disabled for at least 90 days before the age of 65. For many individuals and families, long-term disability (LTD) coverage provides an essential form of financial security and protection in the event that an income earner becomes ill or injured and is unable to work for an extended period. In such circumstances, LTD coverage pays a percentage of the disabled person’s income up to a maximum amount specified in the policy. LTD benefits can be used at the claimant’s discretion to pay day-to-day expenses, medical bills or any other expenses incurred while the person is unable to work due to their disability.

When applying for long-term disability coverage in Caledon, you should consider several key questions that may determine whether your LTD coverage is adequate and right for your unique situation (as suggested by the Canadian Life and Health Insurance Ass.). Remember that a group plan, such as an employer-provided plan, does not offer as much flexibility as an individual LTD plan.

  1. What percentage of your current income is paid by the plan, and what is the dollar limit, if any? Also consider how the plan co-ordinates with other benefits to which you, your spouse or another family member is eligible. It’s a good idea to calculate your essential annual expenses to ensure that your LTD plan provides adequate coverage, or at least, that you are fully aware of your financial situation if you were to become disabled.
  2. When does the plan begin to pay benefits? Every LTD plan has a waiting period or ‘elimination period’ before a claimant may receive payments. Many plans have a waiting period of 17 weeks, but the wait may vary between 3 months and even up to 1 year. If the claimant does not have access to short-term disability coverage, such as may be provided by an employer-provided group plan, a person may be eligible for employment insurance (EI) benefits for the first 17 weeks after they become disabled, after which they may be eligible for LTD benefits through their LTD policy.
  3. Does the plan have exclusions or limitations? Some plans have a clause precluding claimants from receiving benefits for a pre-existing condition that precedes the date of application and/or the plan may not provide coverage if the claimant applies for benefits within the first year of their application.
  4. Does the plan provide a partial disability benefit if you are able to return to work in a limited capacity under the supervision of a physician?
  5. How does the plan define ‘disability’? You must meet the definition of ‘disability’ under the plan in order to be eligible for payments.
  6. Are the benefitis taxable and/or indexed for inflation?
  7. Can you later increase the amount of coverage without having to provide medical evidence of good health?
  8. Does the plan provide a waiter of premium to cover insurance premiums, such as medical, dental, and life insurance, during the disability period? Also to be considered is the date when the waiver of premium begins, and whether the plan refunds premiums paid after you were injured or became ill?

In Van Maele, the wording of the exclusion clause applied to any disability caused by an injury or sickness for which the claimant received any form of medical consultation or treatment, which includes ‘diagnostic measures’, during the 3-month period prior to the effective date of the insurance. The claimant had received a diagnosis and treatment for several symptoms before and during the waiting period, and his claim for LTD benefits was based on many of the same symptoms and illnesses. His conditions was later diagnosed as Cushing’s Syndrome, and his symptoms included hypertension, asthma, stress fractures, back pain, bruising, diabetes mellitus, depression and poor healing of wounds. The judge decided that, but for the exclusionary clause in the policy which clearly applies to the diagnosis of his symptoms during the exclusionary period, the claimant would have been entitled to received long-term disability payments.

If you or a member of your family were denied long-term disability benefits, talk to an LTD benefits lawyer at Kotak Personal Injury Law to learn about your legal rights in the matter. At Kotak Law, we specialize in representing clients in LTD benefits disputes and other insurance disputes, and you can be assured that we will explore every legal means of getting you the benefits you deserve.

the Canadian Life and Health Insurance Association Inc. (CLHIA): CLHIA article on disability

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.

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    thumb Umesh Jain
    August 8, 2023

    Just a quick thank you to both Sergey Loganov and Klara Kotanovic for their efforts over the past few months in taking care of my CPP Disability denial and appeal process. Not only did they win the case but the retroactive lump sum owing went back 10 months earlier than what I thought it would and I will be receiving the maximum monthly payment. Dealing with chronic pain from 3 surgeries in the early 2000s on my neck and now finding out I have numerous bulging discs and spinal stenosis in my low back which creates nerve pain and kicking leg syndrome is a lot to deal with medically and it was a load off my mind to have a very competent group of players on my team to deal with CPP. Lowering stress levels and being able to afford to go and have more Bowen therapy on my low back means the world at this point. Pills are something I try to take as little of as possible and I am an advocate of the growing and use of cannabis and products for both stress levels and helping with nerve pain. It also cuts down the cost of expensive pain meds which can become addictive such as opiods. Thank you again everyone for your efforts and calm demeanor in this battle we call life. Two thumbs up.

    thumb Greg Boydell
    July 8, 2023
  • I would sincerely like to Thank Kaity Yang for representing me as a client. Kaity was excellent from start to finish. Kaity understood my struggles and fought for my rights. I would and will highly recommend Kaity Yang and Kotak Law. I would also like to Thank Louise Lloyd for all her help and professionalism. Through out the process Louise was also a tremendous help. Thank-You both so much.

    thumb Chris Loughlean
    April 8, 2023

    An excellent experience. We had tried to do it by ourselves, following the insurance company’s rules and they simply kept declining the claim and running out the clock, causing no end of stress. We turned to Kotak Law and Rajiv and his team listened, understood and sympathized. They worked hard, kept communication open and delivered results. They took an overwhelming situation and walked us through…thank you.

    thumb Mike Kirtz
    February 8, 2023

    Rajiv Hate is amazing! I contacted Kotak law after my employer fired me and I was on LTD. However, I did the mistake of going thr Ministry of labor and the severance I received was so low. Not only this but my employer had hired a lawyer and they had drafted the release form- I signed off on it not only releasing my employer but also affiliates etc. My employer was dishonest and last minute made an amendment which I didn’t see and I released the LTD provider as well and the provider was not even there and not part of the discussion. It was such a bad deal to release all my rights for so little money. I didn’t realize all this until after I contacted Kotak and Rajiv looked at my documents. Instead of giving up on me Rajiv went ahead and fought for me. It was a long wait and I thought I had lost and was giving up, but Rajiv kept persevering. He was skilled at the negotiation and when I was tired, he found the right words to speak on my behalf and understood me. My case was won by Rajiv and it takes amazing talent like his to win a lost battle! Hats off to Rajiv and his assistant Stefan Jakovljevic for a job well done and being there for me.

    thumb Bi
    November 8, 2022
  • After dealing with my insurance company with no results, I hired Kotak Law to advocate for me. Mr Rajiv Hate did an excellent job of listening to the issues and presenting them on my behalf. Without him, I would not have been able to reach an agreement with the insurer. Would definitely recommend.

    thumb Kevin O
    November 8, 2022

    My experience with Kotak Law Lawyers was simply amazing. Nainesh Kotak represented my case with great care and attention. The level of empathy and comfort provided meant the world to me. I truly felt Mr. Kotak and supporting staff made the difference between a very stressful experience to one that went smoothly with a positive outcome.

    thumb carol grilli
    September 22, 2022

    After dealing with my insurance company with no results, I hired Kotak Law to advocate for me. Mr Rajiv Hate did an excellent job of listening to the issues and presenting them on my behalf. Without him, I would not have been able to reach an agreement with the insurer. Would definitely recommend.

    thumb Kevin O
    August 29, 2022

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