Long Term Disability Lawyer Ontario

When a long term disability claim is denied, the insurer will usually provide an option to appeal the decision. Unfortunately, LTD appeals are rarely successful.

An appeal is not the only option.  You can also retain a long term disability lawyer to commence a lawsuit against the insurer.  Unlike appeals, lawsuits have a very high success rate.

STEP 1: LTD Claim Denial

LTD claims are denied either after the initial application, or following a period of benefit payments. The insurance company will provide written reasons explaining its refusal to pay. Common explanations include lack of objective medical evidence, no evidence of impairment, a pre-existing medical condition, failure to participate in treatment, longer than expected recovery times, or a general statement that you do not meet the test of disability, either for your “own occupation” or “any occupation”.

Michael Jordan LTD Lawyer

STEP 2: Appeal or Lawsuit

You have the right to appeal and the right to commence a lawsuit.

  • Appeal

Very few LTD appeals are successful. The appeal is not decided by an independent decision maker, but is to the same company that denied your LTD claim in the first place. Unless there is new compelling evidence not available at the time of denial, most appeals are doomed to fail. Some companies will allow up to three appeals. Each appeal can take months. You should consult a long term disability lawyer before appealing on your own.  Michael Jordan will assist with your appeal free of charge.  Also consider the tips in the blog post: How To Write a Long Term Disability Appeal Letter, Top 10 Tips.

  • Lawsuit

Unlike appeals, lawsuit success rates are very high: more than 95% for a skilled long term disability lawyer. Once you retain an LTD lawyer, there will be no more direct contact with the insurance company. Your lawyer will handle everything.  This will include obtaining the insurer’s file and analyzing it to discover errors, mistakes, and weaknesses; preparing a statement of claim and issuing it with the court; obtaining and paying for updated medical and other records that support your claim; securing and paying for expert opinions; attending to all legal issues as they arise; and, negotiating the settlement of your LTD claim.  You are involved as much or as little as you want to be while the litigation is ongoing.

It is important to consult with an LTD lawyer before deciding between an appeal and a lawsuit.

Step 3: Settlement

There are two types of LTD settlements. The first is reinstatement, where past benefits owing are paid and the insurer resumes payment of monthly benefits. If your appeal is successful, you are back “on claim”, meaning the insurer can request more medical records, send you to assessments, conduct surveillance and other investigations, and require your participation in specific treatment or rehabilitation efforts.  There is nothing preventing the insurance company from denying the LTD claim again at some unknown point in the future.

The second, and more common type of settlement, is “full and final”.  This type of settlement usually only occurs when a lawsuit has been commenced.  It is unlikely that an appeal would result in a single lump sum amount for both past and future benefits. The amount of the lump sum settlement is determined by many factors, including the value of past benefits owing and the value of future benefits for the remainder of the policy, typically to age 65. This sum is then reduced for the relative strengths and weaknesses of the case, the present value of money, and other factors. The settlement will either be entirely tax free, or mostly tax free, depending on your policy.  You will be done with the insurance company, although you can usually maintain your medical and other benefits.

Secure the long term disability benefits you are entitled to

Michael Jordan is a long term disability lawyer with offices in Toronto, London, and Ottawa.  Because denied long term disability claims are such a specialized area of law, he represents clients across all of Ontario, including Kitchener, Waterloo, Guelph, Barrie, Peterborough, Kingston, St. Catherines, Niagara Region, Sudbury, and Timmins.

If your long term disability claim has been denied, don’t settle for less.  You need an expert on your side.

Michael is a founding partner of the litigation firm Jordan Honickman Barristers. He has more than 18 years experience resolving long term disability insurance claims. Michael recovers millions of dollars for his clients every year, with a success rate of 97%. He provides no cost LTD appeal advice, free LTD case evaluations, and a “No Fee Guarantee”.

Michael Jordan LTD Lawyer

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Millions of Dollars Recovered

Previous results are not necessarily indicative of future results. Contact Michael Jordan, long term disability lawyer, for an assessment of your claim.

SECURE YOUR BENEFITS

Free Consultations 416-460-6823

No Fee Guarantee - Michael Jordan

NO FEE GUARANTEE

Michael Jordan provides free legal advice to everyone who contacts him.  If you decide to formally retain Michael to be your long term disability lawyer, you are entitled to a “No Fee Guarantee”. 

This means you pay absolutely no fees or other expenses unless successful, and the legal fees you do pay are a fixed percentage of your recovery.

There are several advantages of Contingency Fee Retainer Agreements: 

 
  • You do not pay anything unless successful, not even the taxes or disbursements
  • The percentage you do pay is fixed in advance
  • Your lawyer is motivated to move the LTD claim forward quickly and to obtain the highest possible settlement
  • Contingency Fee Retainer Agreements are regulated by the Law Society of Ontario
  • You maintain full control of your claim
Free Consultations

Call or complete the contact form to arrange a free consultation.

All calls and form submissions go directly to Michael Jordan, Long Term Disability Lawyer, not a receptionist or legal assistant. Michael will provide immediate free legal advice, and answer all of your LTD questions. If you would like to meet in person, Michael has offices in Toronto, London, and Ottawa, plus he will come to your location almost anywhere in Ontario.

Michael Jordan
Jordan Honickman Barristers 

SECURE YOUR BENEFITS
Free Strategy Session: 416-460-6823

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