By Nainesh Kotak Getting the long-term disability (LTD) benefits you are entitled to can be a challenging process, so starting your claim off on the right track is crucial. As I approach three decades in legal practice advocating for injured workers, I know as well as anyone that insurers will never make the LTD application […]
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Read More… from Five mistakes to avoid in your LTD application to improve your odds of success
By Nainesh Kotak Proactive and open communication with your long-term disability (LTD) insurer could help preserve your benefits or boost your case in court if they are ever terminated. I can understand why injured workers may not like the idea of becoming well acquainted with their insurance company after they begin receiving LTD benefits, but […]
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Read More… from Keep LTD insurers in the loop to minimize the risk of benefits termination
By Nainesh Kotak The wheels of justice do not always grind slowly for injured workers denied benefits by their disability insurers. Our court system has a well-earned reputation for sluggishness and inefficiency; you don’t have to search for long to find litigation horror stories from disabled people who fought it out for years in court […]
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Read More… from Swift reaction to STD and LTD denial leads to quick settlement
By Nainesh Kotak Long-term disability (LTD) benefit denials based on pre-existing conditions do not have to be the end of the road for injured workers in need of benefits. Although the terms of each LTD group policy will differ, almost all include an exclusionary provision preventing claimants from obtaining benefits for an illness or injury […]
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Read More… from Understanding pre-existing condition exclusions in LTD policies
By Nainesh Kotak Following the advice of your doctor and other treatment providers is critical for long-term disability (LTD) claimants with serious addiction issues. Alcohol and drug abuse spring most easily to mind when people think of addiction, and problematic use of these substances features commonly in LTD claims – but not exclusively. Behavioural disorders […]
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Read More… from Adherence to treatment plans critical in addiction-related LTD claims
By Nainesh Kotak Private long-term disability insurance policies enjoy a reputation for more attractive terms compared with their group policy counterparts, but that doesn’t mean that the injured workers covered by them can expect a smooth ride from their insurer when it comes time to make a claim. These individually sold policies are a key […]
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By Nainesh Kotak A lump-sum settlement can provide the clean break many disabled employees are looking for from their long-term disability lawsuits. Although many insured people start out hoping a full recovery will enable a return to work, by the time they have been forced to sue their insurance company in court for an unfair […]
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Read More… from What to expect from a long-term disability settlement
By Nainesh Kotak No injured employee should be punished for a failed attempt to return to work, but long-term disability (LTD) insurers often find a way. Everybody wins when a once-disabled worker recovers to the point that they feel ready to go back to the workplace — as long as their doctors agree it’s safe […]
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Read More… from Some LTD insurers take advantage of failed returns to work
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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Read More… from Man wins financial settlement from LTD insurer following termination of benefits
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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Read More… from Understanding punitive and aggravated damages in LTD claims
Kotak Personal Injury Law is a Registered business name of Nainesh Kotak Professional Corporation.