What conditions automatically qualify you for disability in Ontario?
There are no “automatic” factors to qualify you for disability. In each Claim for Disability a test is set out as to whether or not the nature of your disability is severe, permanent and would prevent you from a return to your work and eventually any form of comparable employment.
What laws regulate disability claims?
The laws that regulate disability claims are contractual in nature. Each contract of insurance that allows for the advancement of a disability claim being CPP or Work Insurance will set out the terms and conditions to qualify and the amount that is to be paid for both short-term disability and long-term disability.
How long does it take to settle a disability claim?
Settlement of a Disability Claim in Ontario will vary from person to person. If there is no dispute as to the evidence and the fact that you will rely upon the need for benefits for the years until the contract provides or until your time of retirement then settlement can happen quickly with proper advice and direction from your Lawyer at CRB Law.
Is mental health considered a disability in Canada?
Mental health impairment is considered a disability in Ontario and can be devastating to an individual who cannot return to their work or pursue alternate employment.
Disability Claims Basics
Countless individuals suffer from a disability today. Disabilities can be of a physical or psychiatric nature, addictions, or sickness and disease.
Despite the type of disability, if you or someone you know has been denied a claim from an insurance company, you will require an experienced lawyer to analyze the clauses within a disability policy and one who will fight to obtain the benefits you deserve.
Types of Disability Insurance Claims
There are various types of disability insurance available. For example, they are:
- Long Term Disability Insurance Claims
- Group Long Term Disability Policies
- Individual Disability Policies
- Short Term Disability Insurance Claims
- Canada Pension Plan Disability Claims
- Critical Illness Insurance Claims
- Mortgage Insurance Claims
Short-Term Disability Insurance Claims
Short Term Disability Insurance Claims will help provide you with an Income Replacement Benefit for a period of up to 17 weeks during a time when you are not able to return back to the job that you were performing at the time of the onset of your disability.
If your Short-Term Disability is denied then contact a Lawyer with CRB Law to see if we can help. There is an appeal process with most Disability Insurers that will allow for this to be advanced within the contract and outside of the Court System. You may need a letter of support from your Medical Care Provider, Imaging Testing as applicable and a properly written submission to advance an appeal. If the claim is still denied, there are further legal remedies that include issuing a Statement of Claim in a lawsuit for recovery for Short Term Disability Benefits.
Long-Term Disability Insurance Claims
Long Term Disability Insurance payments will help provide you with an Income Replacement Benefit as a result of not being able to work due to your disability.
A person who is eligible for Long-Term Disability through a contract of insurance through their work would be denied because the decision-maker of the Insurer has determined that you are able to resume a form of comparable employment at similar hours that may or may not be the job you were performing at the time of your disability.
If this is denied, then you have an opportunity to file an Appeal under the terms of the contract with your evidence to include any records or reports from your medical care provider in Windsor. If that is not successful, then a valid Claim can be pursued through the court system by way of a Statement of Claim to sue the Disability Insurer for the denial of the refusal to pay Long Term Disability Benefits.
What to do if your claim has been denied
Regardless of the type of insurance policy available, it is not uncommon for disabled parties to be denied benefits that they are rightfully entitled. Disability Policies contain various provisions that may not be clear to the average individual in society.
The time limit for submitting a disability claim may vary based on the contract for disability insurance. Some provisions are set out in the contract for insurance as to the steps and procedures that are required before a Statement of Claim can be issued as against the Disability Insurer.
There is a time period often in many insurance contracts for a dispute of the decision and an appeal from the initial decision in Windsor. To ensure that your rights are protected and meet the timelines as required for submitting a disability claim, contact CRB Law to help you.
ODSP stands for Ontario Disability Support Program and is the Disability wing/branch for Ontario Social Assistance. ODSP is set up to provide payments to individuals that were not working at the time of the onset of the disability or did not have adequate insurance coverage and qualify due to the limited income and assets that the person has.