Orangeville Disability Lawyers


Many insurers treat long term disability benefits as a wager. Insurance companies know that many individuals suffer from a long term disability but do not file a claim – and that many of those that do file a claim will give up if their claim is denied.

But if your claim has been denied, you shouldn’t give up.

Kotak Law has provided assistance to countless Orangeville clients suffering from disabilities and from insurance companies that refuse to pay benefits. We help you take charge of your claim, and win the long term disability benefits that you deserve.

Orangeville Disability Cases in the News


APPLYING FOR LONG-TERM DISABILITY BENEFITS

Young adults in Orangeville are at far greater risk of becoming disabled due to injury or illness, than they are of passing away before reaching the age of 65. If someone suffers an illness or injury that extends beyond ‘the temporary’, long-term disability coverage provides the important function of allowing a person to focus on their recovery, rather than having to worry about making ends meet and how to pay for needed rehabilitation treatments.

If you have long-term disability coverage and are suffering from an illness or injury that will prevent you from returning to work, you will not be paid LTD payments until the waiting period specified in your group or individual insurance plan has expired. In many cases, the waiting period is 120 days after the onset of the disabling condition, but it can vary between plans.

Deadlines for filing an LTD Claim
As soon as you become aware that your illness or injury will prevent you from doing your job and you want to claim LTD benefits, notify your LTD provider of your disability. Your LTD insurance contract specifies a deadline for notifying your insurer of your disability (30 days, for some plans) and also, for submitting a completed application including medical evidence of your disability. Some insurance providers for LTD coverage require claimants to submit their completed application for LTD benefits within a specified time before the ‘waiting period’ has expired which is, in some cases, three months before the date they are eligible to receive benefits (or, 3 months before the 120-day deadline). It’s a good idea to check your policy details and/or contact your LTD insurance provider to find out about the specific legal timelines for claiming LTD benefits. If you miss the contractual dates, you risk having your LTD claim denied.

Long-term disability insurance providers must assess, within the first two years, if a claimant is disabled with respect to their own occupation, and must be able to assess within a further two years, whether the claimant is totally unable to engage in any occupation for which they are reasonably qualified. One reason why waiting too long to claim long-term disability benefits can result in a denial of benefits, is that the insurer may be at a strong disadvantage (or ‘prejudiced’) when too much time has past, as it is increasingly difficult for the insurer to conduct assessments for the relevant period.

This is what occurred in a 2016 case, Ortiz v. Great-West Life Insurance, where a man was injured in a slip and fall accident and stopped working as a result of his injuries, but did not submit a Notice of Claim for LTD benefits until more than three years later. In this case, the plaintiff also named the wrong group insurer in his claim, which meant that the actual insurer-at-risk at the time of his accident, Manulife, did not receive notice of his claim until about five years from his date of injury. The judge dismissed the plaintiff’s motion to add Manulife to his claim after Great-West Life denied him LTD benefits on a number of grounds; but the key reasons were that both the notice period and limitation period to sue Manulife had passed and the plaintiff failed to practice reasonable and due diligence to discover the correct insurer.
In another recent case, Dube v. RBC Life Insurance Company (2015), the court came to a different decision – in this case, the appeal court upheld a motion judge’s decision that a man’s late claim for LTD benefits may proceed, despite the fact that both notice and proof of his claim were given well past the dates specified in the LTD plan. Under his policy with RBC, the plaintiff was required to give notice of his claim within 30 days of becoming disabled (or, the date of his accident) and submit proof of his claim within 1 year and 90 days; but the plaintiff did not give notice and proof until 22 months and 37 months, respectively, after he was injured in a car accident. RBC then denied his claim for being too late.

In Dube, the judges considered three criteria in their decision that the claimant’s late claim for LTD benefits will be allowed. The first criterion was whether the claimant’s conduct was ‘not unreasonable’, and on this issue, it was noted that the claimant’s employer had initially told him (incorrectly) that he did not have LTD benefit coverage and this created uncertainty and confusion. Also, the employer took one year to provide the claimant with an LTD application after he gave notice of his claim, and the claimant complied with numerous requests to submit medical information. In consideration of both these facts, the judge found that the plaintiff’s conduct was reasonable. The second criterion for accepting the late claim was whether the insurer would suffer prejudice due to the breach, and on this question, the judge decided that RBC would suffer only minimal or no prejudice. The third criterion considered “the disparity between the value of the property forfeited and the damage caused by the breach”, and the judge found that there was a significant disparity for the claimant because the claimant was 43 years old at the time of the accident and could conceivably receive long-term disability benefits until the age of 65.

How do you know you are eligible for LTD benefits?
In order to be eligible for LTD benefits within the first two years of becoming ill or injured, you must be able to show that your condition renders you unable to perform the duties of your current job. If your disability continues beyond two years, you are eligible for LTD benefits if you can show evidence that you are unable to perform any type of work for which you are reasonably qualified, given your education, training or experience.

LTD benefits application
When you complete an application for LTD, you will be required to submit detailed medical evidence, including your attending physicians’ statements that support your claim for disability benefits. Your insurer will require your physician(s) to complete a questionnaire which commonly includes information about your medical history, symptoms, a diagnosis, ongoing treatments, hospitalization, medical tests, functional abilities and a prognosis for recovery.

A representative or case manager for your LTD insurance provider will assess the completed application and medical evidence to determine whether your level of function meets the demands of your current job, to decide whether you meet the required definition of disability. Be aware that the insurer will also require a report from your work supervisor outlining the required duties of your current job.

A wide variety of conditions may prevent someone from performing their job or from performing any gainful employment, and symptoms may be physical, psychological or/or mental. Your long-term disability application will require evidence that you are receiving ongoing care and treatment that is deemed appropriate for your given disability. After your application is approved, you are also generally required to inform your LTD provider if there are any changes in your medical condition.

How long can I receive LTD benefits?

If you suffer from a prolonged injury or illness, and have provided medical evidence to support your claim, you are generally eligible to receive LTD payments until age 65, or the retirement date that was specified in an employer-provided plan.

If your claim is not approved until past the date on which you were eligible to receive LTD payments, your insurer should provide you with past-due payments from the date your eligibility for LTD began.

Denied LTD claim
If your claim for LTD benefits is denied, you should be given a specific reason. Insurers often have an internal appeal process; however, it is difficult to alter the insurer’s original position using the internal appeal process. Also, if the internal appeal process drags out a claimant may miss the deadline for filing a civil action. Therefore, we recommend retaining a lawyer immediately after your claim is denied so the court action against the LTD insurer can be commenced quickly.

Under any circumstances where your claim for owed long-term disability benefits was denied or your benefits were terminated, you are advised to seek the assistance of a skilled LTD claims lawyer at Kotak Personal Injury Law.

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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