Disability Benefits
Disability Benefits area owed to disabled workers who have coverage under a disability benefits plan or policy. Many insurance companies deny disability benefits to legitimately disabled workers That's where we come in and help.
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What Disability Benefits Can I Claim?
Disability benefits can be claimed if you cannot work. These benefits are only if you have coverage though a disability plan or disability policy. These benefits provide support while you look for work or receive medical treatment. If your application for disability benefits are rejected, you need to speak to an experienced disability benefits lawyer to help you appeal the decision.
The amount of disability benefits to which you or your loved one will be entitled is based on regular earnings, so it is important to know if the plan or policy defines disability differently. Disability benefits are most often a percentage of your usual earnings, which will be defined in the disability plan text. For example, if the plan or policy that proides disabiltiy coverage pays 65% of your salary and you earn $100,000 per year, the amount of your disability benefits would be $65,000 per year.
Table of contents
What Disability Benefits Can I Claim?
When Do You Get Disability Benefits?
When To Apply For Disability Benefits
How Much Is My Disability Claim Worth?
Can Disability Benefits Be Backdated?
Can Disability Benefits Be Taken Away?
How Are Disability Benefits Calculated?
How Much Are Disability Benefits?
How To Win Disability Benefits
Free Books and Resources
When Do You Get Disability Benefits?
You will receive disability benefits monthly if you are unable to work due to a medical condition that is totally disabling, meaning that it prevents you from working at your usual job. The test for disability benefits considers your ability to work each month. This means that you are entitled to long term disability benefits so long as you meet the test for disability in the insurance policy or plan.
Disability benefits are often paid for two years because the insurance company is assessing whether you can complete the regular duties of your own occupation. After two years, which the policy under which you are insured may change the qualifying test to a more onerous standard. In most cases, the question will can you complete the duties of another occupation that you are able to do based on your skills, education, and training. If the answer is no, then you will likely be able to get long term disability benefits until age 65. If the answer is yes, then it is very unlikely that you will receive any additional benefits from the insurance company.
Of course, if you think the insurance company made the wrong decision you should speak to an experienced disability lawyer right away. It is important to understand what your options are. You may be able to appeal the decision or file a lawsuit against the insurance company for denying your claim. If that does not work out, then you can always explore other types of disability coverage such as group long term disability insurance plans that are offered by employers. Our experienced team of disability lawyers is here to help you.
When To Apply For Disability Benefits
You should apply for long term disability benefits as soon as you think you are unable to do your job. Ideally, you will be able to work on the disabiltiy application documents before you leave work. Most disabled workers have left work and are working through the various forms needed in order for their application to be processed by the disability insurance company. When you're ready to apply for disability benefits, there are very specific steps that you will need to take. You will also want to make sure that your application is handled correctly, especially if it takes a long time to hear back from insurance company processing your claim.
How long will your case take? Like any other part of life, no one can accurately predict how long their application process will be. There are multiple pieces to an insurance claim, including a report from a doctor, information from your employer, and time for the insurance company to review and consider your claim for disability benefits. Of course, getting started early and staying organized helps reduce the risk of making a mistake in any stage of the process.Applying for disability benefits may seem like a time-consuming hassle, but it will pay off in the long run if you're approved.
Struggling with how to complete documents for your claim? You should contact our team now to get answers about your claim.
How Much Is My Disability Claim Worth?
Disability benefits are a financial safety net if you are unable to work due to illness or injury. Disability insurance may pay a percentage of your income (typically 70%) after a certain period of disability, or a certain monthly amount. You will need to review your plan to understand the amount you will be paid for each month you are unable to work.
Beyond the percentage of your regular income that you will be paid, your age will also determine the value of your claim. The younger you are when you make your claim, the more valuable it will be assuming you remain totally disabled. Of course, the insurance company does not accept that people will be disabled until age 65 - the end date for most contacts. Younger people will have a longer time period where there may be entitled to payments, however, the insurance company also sees younger people as most able to retrain for another type of job. If you are in your 30s and 40s, the insurance company sees this as a time when you can make a career change and it may actively attempt to rehabilitate you and provide skills training. If you do not have any significant skills or education, then retraining may be difficult. Retraining is seen as harder to successful accomplish for workers in their mid to late 50s.
Once you know the amount of your benefit and how long it can be paid based on the end date of the contact, the question is how strong your claim to disability benefits truly is. The answer to this question depends on the type of disability and other expectation for improvement.
At Freedom Disability Lawyers, we help disabled workers have their benefits reinstated or arrange for a settlement. It is possible to negotiate a buy out of the disability insurance company, which will provide the worker with a lump sum payment in exchange for giving up the right to make a claim for benefits in the future. Reaching a settlement can be a great way forward for many workers who have a need for financial relief and rather not deal with the insurance company for years to come.
Can Disability Benefits Be Backdated?
Yes, disability benefits can be backdated to the day you were deemed eligible. You must apply in writing to receive benefits. The date disability benefits will start will be based on two main items: the end of the elimination period in the disability policy or plan, and the date which your doctor says that you are totally disabled and unable to perform the usual duties of your employment. Many disabled workers receive an arrears payment, meaning a cheque or direct deposit for many months of past owed benefits because the process of applying for disability benefits can take a long time.
In some cases, the claim for disability benefits will be denied and the disabled workers will need to hire a lawyer to help them recover the benefits that should have benefit from. In that case, the lawyer will want to ensure that past owed benefits are properly calculated and paid, with interest, so that the client is treated fairly.
Can Disability Benefits Be Taken Away?
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How Are Disability Benefits Calculated?
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How Much Are Disability Benefits?
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How To Win Disability Benefits
Winning disability benefits is often a difficult, confusing and drawn-out process. There are many issues that must be considered in order to win these claims, so it is important to have a disability benefits lawyer who can help you through each step. The following are just some of the issues that need to be considered.
First, you will want to do everything you can to document your struggles work. This can be done by reporting your challenges to supervisors and managers. This strategy is helpful because your workplace may consider the possibility of accommodations. If there are no accommodations, they may even suggest you go off work because your work duties are not manageable.
Second, you will want to keep notes about your duties and why you cant' work. A comprehensive list of your work duties will help you express to your employer, insurance case worker, and doctor why your job is beyond your abilities. Also, if you have a list of your job duties you will be able to clear up any confusion about what you do each day at work. You will want to keep notes about your symptoms and how they affect your work. You should have a detailed list of what you experience each day at work such as pain level, fatigue level, stress levels and so on. This information can be used by your doctor to help determine whether or not you are able to work.
Third, you will want to talk with your doctor. Your doctor may be able to provide medical documentation that supports your need for disability benefits. This is especially helpful when trying to prove the severity of your condition and how you are severely limited at work and at home.
The fourth step is to file your disability claim. You should do this as soon as you can so that you can receive benefits promptly. This will also help to ensure that you are paid benefits as soon as possible. If your claim is denied, you can make a plan to address the reasons behind the denial of your claim. At the end of the day, you need to do everything you can to have your claim approved as quickly as possible.
Free Books and Resources
Learn about your disability benefits claim and rights by exploring our helpful resources. You can download books that relate to your long term disability claim, learn about how your occupation will be defined under a disability policy, how much your disability clam is worth, and helpful information about how to appeal a wrongful denial.
Free Case Review
We know how important it is to our client to win disability benefits. The first step is knowing that you have the right disability lawyer in your corner. Get answer about your disability or insurance claim directly from us. You’ll see why clients across Canada turn to us when they need help. Give us a call at 1-833-633-3583 or fill out the form below. We will get back to you the same day.
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