Etobicoke Disability Lawyers


If you’ve suffered a long term disability in Etobicoke, you know that insurers are extremely motivated to avoid paying disability benefits. Disability sufferers often encounter countless questions about their injury, their treatment, and their ability to work.

That’s why you need a disability lawyer to force your insurance company to give you the benefits that you deserve. Call us today or fill out our free online assessment. You only stand to gain from taking charge of your disability claim.

Etobicoke Disability Cases in the News


COMMON REASONS WHY LONG-TERM DISABILITY BENEFITS ARE DENIED
Many Etobicoke residents rely on long-term disability (LTD) coverage when an illness or injury prevents them from working for an extended period. In such circumstances, the income provided by LTD benefits allows individuals to continue to meet their financial obligations and participate in necessary medical treatments for their recovery.

Unfortunately, sometimes Etobicoke individuals who are disabled and deserve LTD benefits, are denied coverage by their insurer. Understanding why claims are denied can help claimants to avoid these pitfalls. Here are the most common reasons for denial of LTD coverage.

Evidence does not support the definition of ‘disabled’. A claimant must provide medical evidence that shows, for the first two years of becoming disabled, that they cannot perform the necessary duties of their current job; and after two years, medical evidence must support the fact that the claimant cannot perform the necessary duties of any occupation for which they are reasonably qualified by training, education or experience. A crucial aspect of a claimant’s evidence of disability, which includes medical opinions and reports provided by their physician, is that it demonstrates how a claimant’s condition or impairment limits their ability to perform their work.

Insufficient medical evidence. A claimant must provide objective and detailed medical evidence to support the disability that they are claiming, which includes medical reports provided by the claimant’s attending physicians, as well as any appropriate medical tests (such as X-rays, CT scans). Medical evidence should demonstrate that the individual was actively seeking the appropriate care for their illness or injury. For example, for a mental or psychological condition, this may require that the claimant has sought regular psychiatric/psychological counselling. It’s also important to ensure that no required medical reports were overlooked or not submitted to the insurer.

Too late in making an LTD claim. Your LTD insurance contract specifies dates by which you must notify the insurer that you are disabled and also, a deadline for providing medical evidence supporting a claim for LTD benefits. Insurers commonly deny claims for claimants who miss these contract dates or the limitation period, and claimants may lose their right to claim for disability benefits on this basis.

Failure to follow physician’s advice. If a claimant does not follow their physician’s recommended treatment, their LTD insurer can argue that the claimant is not contributing to their own recovery, and may deny their claim or terminate benefits.

The insurer’s ‘independent medical assessment’ provides an alternative opinion. Insurers may require a claimant to submit to an independent medical assessment by the insurer’s physicians, which often results in an ‘alternative’ medical opinion suggesting the claimant does not have a disability that prevents them from working. The insurer can use their ‘independent’ physician’s reports as grounds for denying or terminating LTD benefits.

Other reasons why LTD benefits are often denied in Etobicoke:

  • Social media posts that suggest that a claimant is engaged in fun and active activities, which conflict with the claim that they are disabled by their injury or illness.
  • Your insurer may hire an investigator to follow and record your activities, and if the investigator’s findings are inconsistent with your claims of impairment, an insurer can use this evidence to deny a claim. For example, a claimant whom is shovelling snow, carrying grocery bags, or performing heavy work, may be denied benefits if these activities are not consistent with their reported injuries or their physician’s recommendations.
  • Pre-existing conditions may result in a denial of LTD benefits, but this is less common in group/employer plans. However, a group plan may require that a claimant not claim LTD benefits for any pre-existing condition that existed within a given period, such as one year prior to the claim for disability.
  • A failure to be honest or misrepresenting your personal and/or medical information can result in a denial of LTD coverage.

If you intend to claim long-term disability benefits, ensure that your physician specifically identifies how your condition prevents you from doing your work – this is a vital element in your evidence of disability. However, if a disability prevents you from working and you were denied LTD benefits for any reason, call an experienced Etobicoke long term disability lawyer at Kotak Law to fight for your right to receive benefits you deserve.

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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  • I had an exceptional experience working with Kotak Law Firm. From the moment I reached out, their team was professional, responsive, and attentive to my needs. They took the time to understand my case thoroughly and provided clear, sound legal advice at every step. Their expertise and dedication were evident, and I always felt confident in their ability to handle my legal matters. The personalized service and attention to detail were second to none. I highly recommend Kotak Law Firm for anyone seeking top-notch legal representation!

    Rishi Seeram Avatar Rishi Seeram
    April 18, 2025

    I am writing this with the intention of helping someone who really needs some help to fight the insurance industry for his/her disability claim. I had to help someone close to me get legal help wrt LTD and/or CPPD claim. While searching and reviewing many lawyers in town and their initial consultation/responses, I came across Kotak law led by Nainesh. In my experience in the past, most lawyers over promise and under deliver. However, my experience with Kotak law was completely different. They are competent, humble and very emphatic to your specific issue. Their fees are also transparent and more competitive than other lawyers. They analyzed the scenario and gave us complete breakdown of how they are going to approach the matter and timelines. Everything took place in the manner they explained in a timely fashion. I am grateful for their service. My advice to anyone needing LTD or CPPD related legal help, set aside your skepticism, go to Kotak law, have confidence and belief in them. They are good and competent people and want people like that on your side in a time of need .........

    Rashed S Avatar Rashed S
    March 18, 2025

    Extremely happy with the services provided by Avinaash Laljie! I could not have asked for better representation, he went above and beyond to ensure I was informed the whole time and provided me with excellent resolution.

    kt Avatar kt
    March 18, 2025
  • From the very first phone call at Kotak Law, Caroline and Alix were very friendly, patient and professional. They assisted me with my initial intake, and prioritized my case information from the very beginning. I was treated with courtesy, respect and compassion. The team collaborated and efficiently demonstrated active-listening while gathering critical and important case information. They provided exceptional customer service and problem-solving skills. My case was subsequently handled by Kaity and Gurbacan. I honestly cannot overemphasize how amazing, respected, valued and professional I was treated. I was so stressed and discouraged when my benefits got previously denied. Kaity and Gurbacan immediately put my mind at ease, and went over and beyond on numerous occasions to ensure I understood the entire process and case information. Kaity is very intelligent, friendly, super efficient, confident, professional and extremely knowledgeable. Her expertise and attention to detail relieved all of my concerns. Kaity and Gurbacan always made the time to answer all of my questions and concerns, without ever feeling flustered or rushed. Further, their response time in getting back to me by phone/email was always expeditious, even on evenings, weekends and statutory holidays. I highly recommend and enthusiastically endorse Kotak Law for anyone that is in need of legal representation relating to a disability claim. Kotak Law resolved my case, and I am so thankful and fortunate for their support and assistance. If I could give Kotak Law 10 stars, I definitely would because they really deserve it. Thank you so much Kotak Law for all of your dedication, support and ensuring the best possible outcome for my case. Further, putting my mind at ease from the very beginning, and supporting me every step of the way. Keep up the amazing work!

    Peter R Avatar Peter R
    March 18, 2025

    I am incredibly grateful to Rajiv and his assistant Gurbacan for the outstanding support and service they provided me. As a minimum wage worker, I was nervous and very concerned that I would be overlooked or seen as unworthy when seeking help, but from the moment I reached out to Rajiv’s office, I was treated with respect, dignity, and care. Rajiv’s professionalism, expertise, patience, and kindness made a world of difference. He took a great deal of time to thoroughly explain everything to me, ensuring I understood my options and the best course of action. His attention to detail and dedication to my case helped to reduce my anxiety and allowed me to focus on my health. Gurbacan was equally amazing – always responsive, approachable, and ready to assist with any questions or concerns. Together, they made an excellent team, and their compassionate approach made me feel empowered rather than discouraged. I can’t thank Rajiv and Gurbacan enough for their help. They made what could have been an overwhelming and stressful process much easier to navigate, and I will forever be grateful for their support. Highly recommend their services to anyone in need of a benefits lawyer who treats you with the respect and professionalism you deserve, no matter your circumstances!

    Lindsey McDowell Avatar Lindsey McDowell
    January 18, 2025

    Highly recommend! The staff is amazing! I contacted Kotak law for help with a denial of my LTD.From intake to settlement the staff were amazing, supportive and very knowledgeable. My lawyer Rajiv Haté and his law clerk Gurbacan, were absolutely the best to work with. Rajiv is so knowledgeable and got me the best outcome. He really fights for his clients and I’m beyond satisfied with the outcome and whole process! Definitely deserving of a 5 star rating! Thank you so much!

    Meena Chowdhury Avatar Meena Chowdhury
    December 18, 2024
  • Professional, efficient and successful! I would recommend this firm whole heartedly!

    Elaine Lay Avatar Elaine Lay
    November 18, 2024

    I cannot thank Kaity and Klara enough for their assistance with my mediation. From day one that I contacted Kotak Law I felt supported. Both Klara and Kaity were compassionate, knowledgeable, professional and attentive to my needs. I was able to get through my mediation without any issues as they walked me through the process and what to expect. I would recommend Kotak Law to anyone in need of legal assistance.

    Antonella Repole Avatar Antonella Repole
    October 11, 2024

    My daughter had a disability denial case in Edmonton. She worked with Rajiv Haté and his Team and she was very pleased with their services. On Mediation Day, I assisted her in the process and Rajiv did an excellent job negotiating our settlement. We ended up settling for 25% above our expected amount and only 5% short of our "best case" amount. I would recommend Rajiv to anyone who needed professional help in this area!

    Chris Evans Avatar Chris Evans
    October 2, 2024

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