Halifax Long Term Disability Lawyers

When illness or injury forces you to stop working, long term disability (LTD) benefits are supposed to provide financial security. But for many people in Halifax and across Nova Scotia, insurers deny valid claims, delay payments, or cut off benefits unfairly. At NOVA Injury Law, our long term disability lawyers know how to challenge these decisions and protect your rights. With a strong track record of helping Nova Scotians, we ensure you get the support you need to focus on recovery.

We’re proud to be known as The Doctor-Lawyer Law Firm™. With a practicing physician as part of our team, every LTD case we handle is backed by medical expertise. This gives our clients an advantage: credible medical evidence strengthens claims and improves outcomes in both appeals and lawsuits.

With 8 amazing lawyers and over 25 incredible team members, we invite you to:

Check out our founder Jeff Mitchell’s story of how NOVA started.
Meet our incredible lawyers.
Learn why NOVA Injury Law is known as The Doctor-Lawyer Law Firm™.
Hear our clients’ stories.
Learn about our charitable initiatives in our local communities.

See this testimonial from one of NOVA’s satisfied clients!

What Sets NOVA Injury Law Apart?

We’re one of the only injury firms with our own in-house physician to help you create a bullet-proof case.
We offer free consultations with no obligation.
Technology allows us to easily communicate with clients anywhere, from small towns to large cities. However, if you prefer in-person consults, we proudly offer complimentary house-calls anywhere in Halifax or Nova Scotia.
Our payment is contingent on winning your case (no win, no fee), so you can focus on recovery.

Over the years, our team at NOVA has helped more than 1,500 clients recover over $50 million in compensation using this rigorous method. Our goal in every case is to get you full and fair compensation, whether through a negotiated settlement or a court judgment.

Other Cases We Handle

Besides Halifax LTD, our team at NOVA handles all kinds of personal injury cases, including:

What Is Long-Term Disability Insurance?

Long-term disability insurance is a type of income replacement benefit. If you become unable to work for a long period due to illness or injury, LTD benefits pay you a percentage of your normal income (often around 60–70%) so you can cover living expenses. These benefits usually start after short-term disability (STD) benefits end. For example, many employers provide STD coverage for the first 3–6 months of a disability. After that, LTD benefits kick in and can continue for several years or until you reach age 65 (depending on your policy).

For more information, check out:

LTD insurance is typically provided through group plans by your employer, though some people have individual LTD policies. It’s important to note that LTD insurance is private, which means it’s different from government programs like Canada Pension Plan Disability (CPP-D) or workers’ compensation. You pay premiums (often through your job’s benefit plan), and in return the insurer is supposed to pay you monthly benefits if you’re totally disabled under the policy’s definition. Our Halifax LTD lawyers can review your specific policy to explain what coverage you have, how much you should be receiving, and for how long.

How Do I Qualify for Long-Term Disability Benefits in Nova Scotia?

To qualify for LTD benefits, you must show medical evidence that your condition prevents you from working in your regular occupation. This often includes detailed documentation such as:

Doctor’s reports and clinical notes describing your diagnosis and limitations
Specialist assessments or referrals (e.g. reports from orthopaedic surgeons, neurologists, psychologists, etc.)
Treatment records, prescriptions, and therapy progress notes
Diagnostic test results (X-rays, MRIs, blood tests, etc.) that support your condition

Both physical and mental health conditions can qualify for LTD. For example, serious injuries (like back injuries or joint damage), chronic illnesses (such as cancer or MS), and mental health disorders (like depression, anxiety, PTSD) may all make you unable to work. Invisible illnesses, such as chronic pain, fibromyalgia, chronic fatigue, and other conditions that don’t show obvious outward signs – also qualify if they are well-documented by healthcare providers. The key is that your medical evidence must clearly show that you cannot perform the duties of your job on a prolonged basis.

Insurance companies frequently challenge claims by arguing that your proof is “insufficient” or that you’re not truly disabled according to their definitions. That’s why thorough documentation is essential. At NOVA Injury Law, we work closely with you and your doctors to ensure your claim file clearly establishes the severity of your illness or injury and how it prevents you from working. This might include obtaining detailed letters from specialists, functional capacity evaluations, or even expert medical opinions. Our goal is to present a compelling, evidence-backed application so the insurer has little room to deny you the benefits you deserve.

How Long Do I Have to Apply After Leaving Work?

Each insurer sets specific deadlines (called “proof of loss” or notice deadlines) for applying for LTD benefits. Generally, you must file your LTD application soon after you stop working due to disability. In Nova Scotia, many residents mistakenly believe they can wait several months (or until EI sickness benefits run out) before applying for LTD. Unfortunately, missing the deadline is a common reason for claim denial.

Most LTD policies require you to apply within a certain timeframe, often 30 days, 60 days, or 90 days after you are first unable to work (or after your short-term disability period ends). Some plans may allow a bit more leeway, but it’s risky to delay. The safest approach is to begin your application as soon as your doctor advises you to stop working due to health reasons. If you wait too long, the insurance company may later say you failed to meet the policy requirements.

For more information, check out: Our Ultimate Guide to Long Term Disability [2025]

Our Halifax LTD lawyers can help you navigate the application process and ensure all forms are filled out correctly and submitted on time. We’ll make sure you don’t fall into any procedural traps. If you are still within the deadline, we assist with gathering the necessary medical reports and employer statements to put forward a strong initial claim. And if you’ve already missed a deadline, don’t lose hope: we can sometimes argue for an extension or find alternate paths to pursue your benefits. The bottom line: act quickly and get legal advice early to avoid unnecessary denials.

What Happens if My LTD Claim Is Denied?

LTD claim denials are unfortunately common, even when claims are completely legitimate. If your LTD claim is denied or your benefits are cut off, you have the right to appeal or dispute that decision. This can be a stressful and confusing process, especially when you’re already dealing with health issues, but you don’t have to go through it alone.

Here’s what typically happens after a denial and how we can help:

Review the Denial Letter: The insurance company must send a written letter explaining why your claim was denied or why benefits were terminated. This letter is crucial, as it outlines the insurer’s reasons (e.g. lack of medical evidence, disagreement with your doctor, surveillance results, not meeting the policy’s definition of disability, etc.). Our lawyers will carefully review this denial letter with you, so we understand exactly what the insurer is saying is missing or why they think you’re not eligible. We then map out a plan to counter those reasons.
Appeal Internally: Most insurance policies offer an internal appeals process. This means you can send additional information and ask the insurer to reconsider. The appeal process usually involves preparing a detailed written submission explaining why the denial was wrong, along with new or stronger evidence. For example, we might gather updated medical reports, specialist opinions, or testimonials from family and co-workers about how your condition limits you. It’s also important to meet the appeal deadline stated in the denial letter (commonly 30 or 60 days). Our team has years of experience handling LTD appeals, and we know how to craft a persuasive appeal package that directly addresses the insurer’s concerns.
Litigation (Lawsuit): If internal appeals don’t succeed (or if the insurance company is not acting in good faith), the next step is often to file a lawsuit against the insurer for the benefits you’re owed. In Nova Scotia, the general time limit to start a legal action for LTD benefits is 2 years from the date of denial (per the Limitations of Actions Act), although some insurance policies may require or encourage using their appeal process first. We will advise you on the best course of action. Often, the mere involvement of a lawyer and the initiation of a lawsuit will push the insurer to come to the table and negotiate. We handle all legal proceedings, court filings, and negotiations with the insurance company’s lawyers so you don’t have to.

Appealing a denial can take several months (sometimes longer), and it can be overwhelming to handle on your own, especially when you’re not well. Our job is to lift that burden off your shoulders. We will fight the insurer’s decision, keep you informed at every step, and work tirelessly to get your benefits approved. Remember, a denial is not the end of the road. Many clients come to us discouraged after a rejection; we help them turn things around by pushing back against unfair insurance tactics.

Check out What To Do If Your Long Term Disability Claim Is Denied for more on this topic.

Why Did My LTD Benefits Stop After Two Years?

One of the most common questions we hear from clients is, “Why are my benefits being cut off now that I’ve been on claim for 2 years?” This often relates to the “own occupation” vs “any occupation” rule found in almost all LTD policies.

Nearly all LTD plans in Nova Scotia (and Canada generally) have a two-step definition of disability:

First 24 months (Own Occupation Period): You qualify for benefits if you are unable to perform the essential duties of your own occupation. In other words, if you can’t do the job you were doing when you became disabled, you’re considered totally disabled under the policy for the first two years.
After 24 months (Any Occupation Period): After two years, the test gets much stricter. Now you only qualify for benefits if you are unable to perform any occupation for which you are reasonably suited by education, training, or experience. This means the insurance company asks, “Could this person do any job that they are reasonably qualified for, even if it’s different from their old job, or pays less, or is outside their previous field?”

This change at the two-year mark is often referred to as the “change of definition” or the transition from own occ to any occ. Unfortunately, many insurers use this as an opportunity to terminate benefits. Even if you still cannot work in any meaningful way, the insurer may argue that you could do some other type of job and therefore you no longer meet their definition of disabled.

For example, suppose you were a construction worker who can’t do heavy physical labor anymore due to a back injury. After two years, the insurer might claim you’re capable of doing a sedentary job like a security desk attendant or a greeter, even if such a job pays a lot less or you have no experience in it. They often use transferable skills analyses or vocational assessments to suggest alternative jobs. This can feel very unfair when you know you truly can’t work.

We fight these unfair cut-offs by presenting detailed medical and vocational evidence that shows you remain disabled under the stricter “any occupation” standard. We gather reports from your doctors confirming that due to your health, you cannot reliably perform any type of gainful employment. We may also work with vocational experts who can explain why those “alternative jobs” the insurer suggests are not realistic given your condition. Our Halifax disability lawyers are very familiar with the two-year cutoff issue – it’s a critical point in many LTD claims. If you’re approaching the 24-month mark or have recently been cut off, contact us right away. Early preparation can make all the difference in proving ongoing entitlement to benefits beyond two years.

Please see LTD Benefits: What Happens After Two Years? for more info on this topic.

Can My Employer Terminate Me While I’m on LTD?

This is a common worry, and it touches on the interaction between employment law and disability insurance. The short answer is: yes, your employer can terminate your employment while you’re on LTD, but they must follow the law, and you cannot be fired just because you are on disability. Here are some important points to understand:

Employment Status: When you’re on LTD, you are typically still considered an employee of your company (often on a medical leave of absence). You continue to accumulate seniority and, in many cases, may still have other benefits (like extended health coverage) through your employer. Being on LTD does not give absolute job protection, but your employer cannot discriminate against you due to your disability. Nova Scotia’s human rights laws and labour standards require employers to accommodate employees with disabilities to the point of undue hardship. This means if you’re expected to recover and return to work, the employer should hold your job (or a similar job) for a reasonable period or make adjustments for you.
Termination Possible in Certain Situations: In practice, if it becomes clear that you will never be able to return to work, some employers may eventually end your employment. They might classify it as a frustration of contract (the contract can’t continue because you’re unable to work long-term). Or, if there are mass layoffs or the business is closing, you could be included like other employees. Any termination must comply with your employment contract and Nova Scotia labour standards, meaning you must receive proper notice or severance pay if required. An employer cannot legally fire you because you took LTD leave, as that would likely be viewed as discriminatory. However, they can terminate for other legitimate reasons (position eliminated, company downsizing, etc.), or if a very long absence means your role can’t be held any longer. Each case is fact-specific.
Severance and LTD: If your employment is terminated while you’re on LTD, you may be offered a severance package. It’s important to consult a lawyer in this scenario, because severance pay can sometimes impact your LTD benefits. Many LTD policies have “offset” clauses: if you receive income like severance or retirement pension, the insurer might reduce your LTD benefit by the same amount. Also, signing a severance release without proper advice could inadvertently affect your rights. We have expertise in both disability insurance and employment law, so we can guide you through this delicate situation to ensure you’re treated fairly on all fronts.

If you believe you’ve been unfairly pressured or terminated while on LTD, contact us right away. We will review your situation and protect your rights. In many cases, we can correspond with your employer to clarify that you are under medical care and have a right to accommodation. If a termination has already happened and it was unlawful, we will pursue remedies for wrongful dismissal in addition to making sure your LTD benefits continue. It’s a complex area, but rest assured we’ll stand up for you both against the insurance company and your employer if necessary.

Bottom line: Losing your job does not automatically stop your LTD benefits. As long as you became disabled while covered, the insurance should continue paying even if your employment ends. Our lawyers make sure that a job termination doesn’t leave you without income or recourse.

Please see Can I Be Fired While on LTD in Canada? for more information on this topic.

Are LTD Benefits Taxable in Nova Scotia? Can I Claim the Disability Tax Credit?

Financial questions like taxation are important for long-term disability recipients. Here’s what you need to know in Nova Scotia (and generally in Canada):

Taxability of LTD Benefits: Whether your LTD payments are taxed depends on who paid the insurance premiums.
- If your employer paid the premiums for your LTD insurance (or you paid them with before-tax dollars), then any benefits you receive are typically considered taxable income. You’d have to report it on your tax return, and usually the insurer will deduct income tax from your monthly LTD payments.
- If you paid the premiums yourself (out of your own pocket or via payroll deductions from after-tax income), then the LTD benefits you receive are usually tax-free. You already paid tax on the money used for premiums, so the benefit is not taxed again.
- Many group plans are employer-paid, so be prepared that your LTD could be taxed. We can help you determine the tax status of your benefits by reviewing your policy or benefits booklet.
Disability Tax Credit (DTC): The Disability Tax Credit is a federal tax credit that helps persons with severe prolonged disabilities reduce their income tax. It’s not directly related to LTD insurance, but if your disability is severe enough that it markedly restricts daily activities (and is expected to last at least 12 months), you might qualify for the DTC. If approved, the DTC can provide a significant tax refund or reduction, which is especially helpful if your LTD benefits are taxable. Many Nova Scotians on LTD do qualify, but the application requires a doctor’s certification and can be a bit tricky to navigate. We regularly advise clients on the DTC and can point you in the right direction (for example, which doctor should fill the form and how to describe your impairments). While we focus on your LTD claim, we don’t want you to miss out on other supports like tax credits or CPP Disability. Our approach is holistic, ensuring you get all the financial relief available given your condition.
Other Tax Considerations: If your LTD is taxable and you receive a large retroactive payment (say you win an appeal and get a lump sum for past months owed), there are ways to reduce the tax hit. The Canada Revenue Agency may allow a prorated tax calculation for retroactive disability payments. It’s a bit technical, but we can connect you with tax professionals or provide letters to CRA to help with this. Also, some settlements of LTD claims (especially lump-sum buyouts) might be structured to have certain portions non-taxable. We keep these implications in mind when negotiating with insurers.

Taxation is often confusing, but we’ll help you understand the basics. We encourage all our clients to also get personalized tax advice for their situation. Rest assured, when you work with NOVA Injury Law, we’re not just thinking about winning your case – we also want to maximise your net recovery and minimise any surprises, including taxes.

Should I Accept a Lump-Sum Settlement or Buyout from My Insurer?

Occasionally, an insurance company will offer an LTD claimant a lump-sum settlement (also called a buyout) to close the claim. This means they give you a one-time payment now, and in exchange, you agree that you won’t receive any more monthly LTD benefits moving forward. It can be tempting to accept a large sum of money upfront – especially if you’re tired of dealing with the insurance company. But be cautious: these offers often undervalue the total benefits you’d receive over time, and accepting a buyout means you give up your rights under the policy.

(Learning Centre: check out How Are Long Term Disability Lump Sum Payouts Calculated?)

Here are some points to consider about lump-sum settlements:

Why Insurers Offer Buyouts: If an insurer is offering you a settlement, they likely believe two things: (1) that you could be on claim for a long time (meaning you’re actually quite disabled and they might have to pay you for years), and (2) they can save money by paying out a lesser amount now. Insurers have entire teams of accountants and actuaries calculating the “present value” of your future payments. They will discount that future value using interest rates and other factors to come up with a lump-sum figure that ultimately favours the insurer’s financial interests. It immediately removes their liability from the books. Also, by closing your claim, they no longer have to deal with monthly administration or the risk that your condition might worsen.
Pros of a Lump Sum: For some people, a lump sum can be beneficial. You get money you can use or invest right away. It can provide a sense of closure and relieve the stress of having the insurer watching over you. If you plan to attempt return to work or have other income opportunities, a lump sum means you won’t worry about the insurer cutting you off for earning income. And if your health might actually improve, taking a lump sum locks in value now. Additionally, lump-sum payouts from an LTD insurer are generally tax-free in Canada (they’re considered a settlement of an insurance claim). This can make a lump sum attractive if your monthly benefits were taxable , as you might get more net money by settling.
Cons of a Lump Sum: The biggest downside is that you could be leaving money on the table. Insurers typically calculate lump sums conservatively. They may assume you’ll recover sooner or that you could work in some capacity, thereby reducing what they think they owe. If they expect to pay you, say, 10 more years of benefits, they won’t simply multiply your monthly amount by 120. They will significantly discount it. Also, life is unpredictable: if your condition stays the same or worsens, and you could have stayed on claim for many years, a lump sum might run out too soon. Once you take the buyout, if your health doesn’t improve as hoped, you cannot go back to monthly benefits. You also have to manage the money wisely so it lasts for the period it’s meant to cover.

Do I Need a Lawyer to Handle LTD Appeals or Disputes?

Technically, you are allowed to appeal a denial or even sue an insurance company on your own. However, LTD claims are complex, and remember: the insurance company has entire departments of adjusters, medical consultants, and lawyers all working to protect their bottom line by limiting payouts. When you’re ill or injured, going up against this kind of well-resourced opponent on your own is an uphill battle. Here’s why having an experienced LTD lawyer in Halifax can significantly improve your chances:

Knowledge of the System: We know the tactics insurers use to deny or minimize claims. For example, they may surveil you on social media, send you to “independent” medical exams with doctors they chose, misinterpret policy language, or simply drag their feet hoping you’ll give up. Our lawyers have seen it all. We know how to counter these tactics, whether it’s by gathering strong counter-evidence, leveraging legal precedents, or threatening litigation if they don’t play fair. We level the playing field for you.
Stronger Evidence Gathering: Sometimes claims get denied not because you aren’t disabled, but because the evidence provided wasn’t organized or persuasive enough. We know what kind of evidence hits home with insurance adjusters and judges. We work with your healthcare team to get detailed reports addressing the policy’s definitions. We might obtain specialist opinions or functional capacity evaluations to objectively show your limitations. We also ensure all evidence is presented in a clear, professional manner. With our in-house medical knowledge, we can pinpoint what’s missing in a file and fill the gaps. This comprehensive approach can turn a denial into an approval.
Procedural Pitfalls: There are procedural rules and limitation periods that must be followed closely. Miss a deadline, and you could lose rights. For instance, if you don’t appeal within the insurer’s timeline, they might close your file; if you don’t sue within the legal time limit, you can be barred from ever doing so. We keep track of all deadlines and handle the paperwork for you. Also, communicating with insurers can be tricky, as they may use anything you say against you. Once we’re on board, we handle all communications, so you don’t inadvertently say something that harms your case.
Negotiation and Settlement:Insurance companies often become more cooperative once you have legal representation. They know they can’t easily bully or mislead you when a knowledgeable lawyer is watching. We handle negotiations to try to settle your claim favorably, whether that means getting your monthly benefits reinstated or reaching a lump-sum settlement that you’re happy with. Our goal is to secure the maximum compensation available under your policy.
No Financial Risk to You: People sometimes hesitate to hire a lawyer due to cost. With NOVA Injury Law, that worry is eliminated. We work on a contingency fee basis for LTD cases; meaning you pay nothing upfront and nothing at all if we don’t win. If we successfully recover benefits or a settlement for you, our fee is a percentage of the amount. This arrangement aligns our interests with yours: we only get paid when you get paid. Moreover, because we front the costs, we can also pay for necessary medical reports or assessments, and those costs are recovered from the insurer as part of the resolution. Hiring us does not add financial strain; instead, it often results in you obtaining money you might never see otherwise.

Many clients tell us they felt immense relief once they had a lawyer handling their LTD case. You no longer have to argue with the insurance company; you can focus on your health while we focus on the legal fight. Our Halifax disability lawyers have helped countless individuals in situations just like yours. We’ve recovered millions of dollars in disability benefits for our clients. Having us by your side dramatically increases the likelihood of a positive outcome, because we know how to build a winning case and we won’t let the insurer take advantage of you.

What Happens If I Try to Return to Work While on LTD?

Returning to work after or during a disability leave is a delicate matter. Many people on LTD want to get back to work if they can, either for financial reasons or personal fulfillment. And often, rehabilitation programs or gradual return-to-work arrangements are encouraged. However, it’s important to approach this carefully, because insurers can sometimes use a return-to-work attempt as evidence against you. Here are some key considerations:

Rehabilitation and Trial Periods: Many LTD policies include provisions for rehabilitation programs or trial returns to work. This might allow you to attempt working part-time or with modified duties while still receiving benefits (sometimes at a reduced amount). For example, an insurer might continue paying a portion of your LTD benefit to supplement your reduced earnings during a trial work period. It’s in everyone’s interest that if you can work, you do – but only to the extent your health allows. Always inform and get approval from the insurer before starting any work while on LTD; working without telling them could be seen as misrepresentation.
Risk of Benefit Cut-Off: Unfortunately, we’ve seen cases where a client tried to ease back into work, and the insurer seized on that to declare them fully fit and cut off benefits prematurely. Insurers might say, “Since you could do X hours, we think you’re capable of full-time,” even if you struggled or your doctors disagree. A failed return (where you have to stop working again due to your condition) can also be used against you if not handled correctly – the insurer might argue you “chose” to stop working, not that your disability forced you to.
Protecting Yourself: Before you attempt a return to work, it’s wise to consult with a disability lawyer. We can review your policy for any return-to-work incentives or provisions. We’ll advise you on obtaining a written agreement with the insurer about the terms of your trial (for example, that if the attempt fails within a certain period, your benefits will resume). Some policies have specific clauses about recurrent disabilities – e.g., if you return to work and become disabled again within 6 months, your claim can be reinstated without a new waiting period. We make sure the insurer honors those clauses.
Work Within Your Limits: If you and your doctor agree you can try working a bit, make sure the job duties and hours are clearly within what your doctor recommends. Often, a gradual return starts with a few hours a week, light duties, and slowly builds up. Keep a record of any difficulties you experience. If you find you cannot continue, see your doctor right away and have them document that your health is not tolerating the work attempt. This medical support is vital to get your benefits back.

In summary, going back to work is a positive goal, but it needs to be managed properly. We’ve helped clients coordinate safe return-to-work plans with their employers and insurers, ensuring they don’t lose their safety net if things don’t go as hoped. If you’re considering trying to work again, talk to us. We will help protect your rights and advocate for your interests during the transition. The last thing you need is an insurer acting in bad faith when you’re making a good-faith effort to rejoin the workforce.

For more info, please see: Your Guide to LTD Benefits and Employer Responsibility in Canada

Free Consultation with Halifax Long-Term Disability Lawyers

Dealing with a long-term disability claim can be stressful and overwhelming, especially when an insurance company isn’t treating you fairly. Whether you’re just starting an LTD application, facing a denial, or struggling with a cut-off, don’t go up against the insurer alone. Help is available.

Contact NOVA Injury Law for a free consultation with our Halifax long-term disability lawyers. We will listen to your story, review your situation, and explain your options: at no cost and no obligation. You’ll get honest advice about the strength of your claim and what steps you can take next. We’re proud to serve clients throughout Halifax and Nova Scotia, and we’re available 24/7 to take your call because we know problems don’t always happen during office hours.

Remember, you pay no legal fees unless we win your case. This means you have nothing to lose by reaching out and learning how we can assist you. Let us take on the fight so you can concentrate on your health.

Call us today to schedule your free case review. Get the justice and benefits you deserve: and let our team help you every step of the way toward securing your future. Your focus should be on getting better; we’ll handle the rest.