Long Term Disability


Understanding pre-existing condition exclusions in LTD policies

Understanding pre-existing condition exclusions in LTD policies

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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Adherence to treatment plans critical in addiction-related LTD claims

Adherence to treatment plans critical in addiction-related LTD claims

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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Private LTD policyholder wins significant settlement following early termination of benefits

Private LTD policyholder wins significant settlement following early termination of benefits

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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What to expect from a long-term disability settlement

What to expect from a long-term disability settlement

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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Some LTD insurers take advantage of failed returns to work

kotak-law

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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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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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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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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