Long and Short-Term Disability Lawyers in Ottawa

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What is Long and Short-Term Disability?

Long and short-term disability refers to insurance benefits designed to provide financial support if you’re unable to work due to illness, injury, or other incapacitating conditions.

  • Short-term disability (STD) coverage is designed to address the immediate financial impact of a temporary inability to work due to injury, illness, or other reasons. These benefits usually cover a shorter duration, acting as a crucial bridge during the initial phase of incapacity, providing support until you can return to work or transition to long-term disability coverage.
  • Long-term disability (LTD) coverage is a crucial financial safety net if you face a debilitating health condition or injury expected to persist for an extended duration, often exceeding one year. Generally, this form of insurance provides a percentage of your salary, acting as a source of income replacement during a prolonged period away from work.

a wheelchair, with the wheel being grabbed by the person sitting in it

Who Can Make a Short or Long-Term Disability Claim?

Short and long-term disability claims eligibility is contingent upon specific criteria—and insurance companies often take a stringent stance when evaluating your situation.

Short-Term Disability Eligibility

Short-term disability claims typically require individuals to meet the following criteria:

  • Employment Status: You must be actively employed and covered by a short-term disability insurance policy through your employer. If your employer doesn’t provide this, you must have a private insurance package.
  • Medical Certification: A certified medical professional must provide documentation supporting the individual’s incapacity to work due to a qualifying medical condition.
  • Waiting Period: Short-term disability policies often have a waiting or elimination period, during which the individual must be unable to work before benefits kick in.
  • Coverage Period: Usually, short-term disability benefits only last for a maximum of six months, depending on the insurance policy.

For example, if an individual underwent surgery and is expected to be on medical leave for six weeks, they may meet the eligibility criteria for short-term disability, allowing them to claim benefits during their recovery period.

Please note that eligibility is nuanced, and you may need to meet other requirements not mentioned in this list. 

Long-Term Disability Eligibility

Long-term disability claims typically involve stricter criteria, including:

  • Duration of Incapacity: The person’s health condition must be anticipated to last beyond a specified period, often one year or more.
  • The End of Other Benefits: Long-term disability insurance usually begins when short-term disability coverage, sick leave, and EI sickness benefits end.
  • Medical Documentation: Comprehensive medical documentation is required, demonstrating the severity and persistence of the health condition. This includes statements from a medical professional about your inability to perform essential duties for your job.
  • Coverage Period: While each plan is different, you may be eligible to receive benefits for up to two years, after which your situation will be re-evaluated to see if you will remain covered.

For example, if a person is diagnosed with a chronic illness that significantly impacts their ability to work, they may qualify for long-term disability benefits to support them during this extended period of incapacity.

Please note that eligibility may differ from policy to policy, and this list of requirements is not exhaustive.

Understanding the intricate policies, documentation requirements, and legal nuances associated with long and short-term disability claims is pivotal. Our team of dedicated short-term and long-term disability lawyers in Ottawa specializes in guiding clients through the complicated processes involved in these claims, ensuring they receive the compensation they deserve during challenging times. 

a wheelchair, with the wheel being grabbed by the person sitting in it

How to Access Short-Term and Long-Term Disability Benefits

Many employment insurance packages offer long-term and short-term disability benefits, depending on the plan your employer offers.

If your employer does not provide a disability package, you may have also opted to purchase a private insurance package to ensure you have coverage should you need it. 

Keep in mind that possessing disability insurance coverage doesn’t automatically mean you are fully covered. Insurance policies vary, and some insurance companies make it hard to access disability benefits. When making a disability claim, the insurance company will insist on proof of disability before agreeing to pay out any disability benefits. This is where our lawyers can step in to help.

Insurance Companies Can Deny Disability Claims

Insurance companies may make it difficult for you to access short-term and long-term disability benefits, even if you’re paying premiums for them. They may deny your claim even if medical professionals and specialists support it. When this happens, you may be left injured, unable to work, and without any compensation to aid your recovery. 

This is where we can help. Our team of short-term and long-term disability lawyers can step in, represent you, and deal directly with the insurance company on your behalf. 

How Much Can You Receive from Disability Insurance?

The amount you can receive from disability insurance, whether short or long-term, depends on various factors, including the specific terms of the insurance policy and your income.

Generally, disability insurance can replace between 60 and 85% of your income, up to a maximum amount. For short-term disability, the benefit period is limited, spanning a few weeks to several months. For long-term disability, the benefit period can extended for years or until the individual reaches retirement age, depending on the terms outlined in the policy.

Focus Areas

Short Term Disability

If you’re temporarily unable to work due to injury or illness, we can help you file a successful short-term disability claim. We understand the importance of mitigating financial strain during your recovery process. Our team ensures your claim is meticulously prepared, addressing all necessary documentation to secure the benefits that will safeguard your financial stability during your recovery process.

Long Term Disability

Should your injury or illness be preventing you from performing your job for an extended period, we can help you achieve a successful resolution to your long-term disability claim. With a nuanced understanding of the complexities involved, we advocate for your rights, ensuring that you receive the compensation essential for sustaining your livelihood for longer periods of incapacity.

Ontario Disability Support Claims: ODSP

We help Ontario residents receive the compensation they deserve when filing disability support claims through the Ontario Disability Support Program (ODSP). We understand the unique requirements of this social assistance program and can help you navigate the process, ensuring you get the support you need to maintain financial stability during this difficult time.

Ontario Insurance Claims Denials and Appeals

Was your disability claim denied? Let us help you. We have decades of experience and are confident we can get you the fair compensation you deserve.

Canada Pension Plan Disability Claims (CPPD Claims)

Should you find yourself unable to work due to injury or illness, our team possesses comprehensive knowledge of the intricate process involved in filing a successful Canada Pension Plan Disability (CPPD) claim. Let us guide you through the complexities to ensure you receive the support provided by government programs during times of incapacity.

Our lawyers will travel to your home, hospital, or rehabilitation centre throughout eastern Ontario. You don’t pay until you get paid.

1. Expertise and Experience

With decades of experience in disability law, our seasoned team of lawyers brings a wealth of knowledge to the table. We specialize in a broad spectrum of disability claims, including short and long-term disability, Ontario Disability Support Program claims, Canadian Pension Plan Disability, and more. Our extensive track record reflects our dedication to pursuing fair outcomes for our clients.

2. Compassionate and Client-Centric Approaches

We understand the emotional and financial challenges that often accompany disability. Our client-centric approach places your well-being at the forefront. We listen attentively to your unique circumstances, providing empathetic and personalized guidance throughout the entire legal process. Your concerns become our priorities, and we strive to alleviate the burdens associated with these claims.

3. In-Depth Local Understanding

Understanding the complexities of disability support in Ontario can be confusing. Our team possesses in-depth knowledge of the laws, regulations, and processes specific to the province, ensuring our clients receive advice and representation tailored to their jurisdiction.

4. Proven Success in Appeals and Denials

Facing denial of your disability claim can be disheartening. We bring resolute advocacy to the table, leveraging our decades of experience to challenge denials and navigate appeals effectively. Our goal is to secure the fair compensation you rightfully deserve, even in the face of initial setbacks

5. Commitment to Empowering Clients

Beyond securing compensation, we’re dedicated to empowering you. We provide clear and transparent communication, keeping you informed at every step. Our goal is not only to achieve successful resolutions to your claims but also to equip you with the knowledge and resources necessary to navigate the future confidently.

6. Accessible Legal Representation

We understand that seeking legal representation can feel daunting. We make our services accessible to everyone in several ways:

  • We will travel to you if your injuries prevent you from traveling to us.
  • A free consultation so we can assess your situation.
  • We take the time to guide you through every step—we know that legal jargon can be confusing, so we’ll explain everything in terms that are easy to understand.
  • We’re a multilingual team—language barriers should not stop you from seeking legal advice.
  • You don’t pay us until we help you get your deserved compensation.

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Frequently Asked Questions

According to the Ontario Disabilities Support Program, a person qualifies for disability income support if they are an Ontario resident 18 years or older, are in financial need, have no assets greater than the stated program limits, and fulfill the definition of an individual with a disability.

Depression may be considered a disability if you experience prolonged severe impairment restricting you from performing basic activities of daily living.

You should file your disability claim as soon as you have reasonable cause to believe that you will be unable to perform your duties at work for a specified period, whether it’s for 90 days or over a year.

Some methods for proving emotional distress include witness testimony, doctors' and other health care provider reports, reports of the intensity of the distress, and the length of time that you have been suffering from the condition. A person suffering from emotional distress may also provide testimony of flashbacks, inability to sleep, anxiety, and any other emotional injuries associated with the accident.

Contact our team for a Free Consultation

If you’ve been injured in an accident, please contact us free of charge to discuss how we can help you get the compensation and care you need to enjoy a comfortable quality of life.

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