Moncton Long Term Disability Lawyers

Long term disability (LTD) benefits are meant to protect workers in Moncton and across New Brunswick when illness or injury makes it impossible to work. Unfortunately, many people face denied claims, unfair benefit cut-offs, or delays from their insurance provider. At NOVA Injury Law, our LTD lawyers fight for your rights, making sure you receive the benefits you’re entitled to. We know the financial and emotional strain caused by LTD disputes and are here to stand by your side.

We are proud to be known as The Doctor-Lawyer Law Firm™. With an in-house physician working alongside our legal team, we build every LTD case with strong medical evidence. This unique advantage helps us challenge denials effectively and present claims insurers take seriously.

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.
Check out 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.

Other Cases We Handle

In addition to LTD claims, our Moncton lawyers represent clients in a wide range of personal injury and negligence cases. Each case benefits from the same evidence-based process and in-house medical review. Learn more about our other practice areas below:

Each of these areas receives the same thorough case preparation and compassionate advocacy that defines NOVA Injury Law.

What Is Long-Term Disability Insurance?

Long-term disability (LTD) insurance replaces a portion of your income, usually 60–70%, if illness or injury prevents you from working. These benefits typically begin after short-term disability (STD) coverage ends (often after 3–6 months) and may continue for several years or until age 65, depending on your policy.

LTD insurance is most commonly offered through employer group benefit plans, but some individuals purchase private policies directly. It’s a form of private insurance, separate from programs like Canada Pension Plan Disability (CPP-D) or WorkSafeNB.

When you pay premiums, the insurer agrees to pay monthly benefits if you meet their definition of “total disability.” Unfortunately, insurers often interpret this definition narrowly or terminate claims prematurely.

Our Moncton LTD lawyers can review your policy to explain what coverage you have, how long it should last, and what to do if your insurer stops payments or denies your claim.

Learn more in Our Ultimate Guide to Long Term Disability.

How Do I Qualify for LTD Benefits in New Brunswick?

To qualify for LTD benefits in New Brunswick, your medical evidence must show that your condition prevents you from performing the essential duties of your job (the “own occupation” definition) for a prolonged period. Persuasive claims usually include:

Treating doctor and specialist reports explaining your diagnosis, restrictions, and prognosis
Therapy notes and medication history demonstrating active and ongoing treatment
Objective medical tests where applicable (e.g., MRI, EMG, cardiac or neurological assessments)
Functional or cognitive evaluations linking your symptoms directly to work limitations

Both physical and psychological conditions can meet the definition, ranging from orthopedic and neurological injuries to depression, anxiety, PTSD, and post-concussion syndrome. Even invisible illnesses such as chronic pain, fibromyalgia, and chronic fatigue syndrome qualify when well-documented.

Insurers often argue “insufficient proof,” minimize mental health claims, or rely on internal paper reviews to deny benefits. At NOVA Injury Law, we close those gaps with targeted medical reporting that aligns your evidence with your policy’s specific criteria.

How Long Do I Have to Apply After Leaving Work?

Timing is critical when applying for long-term disability benefits. Most LTD policies in New Brunswick require you to give written notice and submit a completed claim within 30 to 90 days after you stop working or once your short-term disability coverage ends. Missing these deadlines gives insurers an easy opportunity to deny your claim on a technicality, even when your disability is legitimate and well-documented.

Many people delay applying because they hope to recover quickly or want to finish receiving Employment Insurance (EI) sickness benefits first. Unfortunately, waiting too long can seriously jeopardize your right to LTD benefits. Once your doctor confirms that you can’t return to work for the foreseeable future, it’s important to begin the application process right away so your medical evidence and forms are complete and on time.

If you’ve already missed a deadline, you may still have options. Our Moncton long-term disability lawyers can contact your insurer to request an extension, prepare the necessary documentation, and build a strong case for retroactive approval. Acting quickly gives you the best chance to protect your rights, reduce financial stress, and move your claim forward without delay.

What Happens if My LTD Claim Is Denied?

When you apply for long-term disability, having your claim denied can be overwhelming, especially when you’ve done everything right. You followed your doctor’s advice, submitted your medical forms, and trusted that your insurer would support you while you recovered. Instead, you received a letter saying you don’t qualify. Unfortunately, this is a common experience for many New Brunswick workers.

Insurance companies deny LTD claims for many reasons, including:

Insufficient medical evidence: The insurer claims your doctor didn’t provide enough information about your diagnosis, symptoms, or restrictions.
Conflicting medical opinions: Their in-house medical consultant disagrees with your treating physician’s assessment, even without meeting you in person.
Social media or surveillance evidence: They use brief video clips or photos to argue that you’re more capable than your medical records suggest.
Administrative errors or missed deadlines: Even minor paperwork mistakes or delays can trigger a denial.
Change in the definition of disability: After two years, most policies shift from an “own occupation” to an “any occupation” standard, which insurers often use to justify cutting off benefits.

No matter what reason your insurer gives, a denial doesn’t mean your claim is over. You have the right to challenge the decision, and at NOVA Injury Law, that’s exactly what we do every day for clients across New Brunswick.

Our process is straightforward and effective:

Request your complete claim file: We obtain every record, note, and internal report the insurer relied on to make their decision.
Analyze the policy language: We review your LTD plan in detail to confirm whether the insurer correctly applied its own definitions and timelines.
Identify medical gaps: Our in-house physician, Dr. Laura Mitchell, reviews your medical file and helps strengthen areas where documentation may be incomplete.
Gather additional evidence: We work with your treating doctors and, if needed, independent specialists to provide reports that directly address your ability to work.
File a strong appeal or legal claim: We prepare a comprehensive appeal package, or move straight to litigation if the insurer refuses to act in good faith.

Insurers rely on claimants to give up or appeal without professional support. Don’t let that happen to you. With both legal and medical expertise in-house, our team builds evidence-based cases that insurance companies take seriously.

Why Did My Benefits Stop After Two Years?

It’s one of the most common surprises for long-term disability claimants: after two years of receiving benefits, the insurer suddenly decides you’re no longer disabled. This often isn’t because your health has improved—it’s because your policy’s definition of disability has changed.

For the first 24 months, most LTD policies in New Brunswick use an “own occupation” test. This means you qualify for benefits if your medical condition prevents you from performing the essential duties of your own job. After two years, the definition typically changes to an “any occupation” test, meaning you must now prove you can’t perform any job you’re reasonably suited for based on your education, training, or experience.

Insurers frequently use this shift as an opportunity to terminate benefits, often relying on internal vocational assessments or “paper reviews” that claim you can perform alternative work. Unfortunately, these assessments rarely consider the real-world impact of your symptoms, like fatigue, pain, cognitive limitations, or unpredictable flare-ups, that make consistent employment impossible.

At NOVA Injury Law, we don’t let insurers dismiss your claim with a blanket statement like “you can do other work.” We gather updated medical opinions from your treating providers and, when needed, vocational experts who can explain why the jobs identified by the insurer aren’t realistic. We also emphasize how your condition affects your reliability and ability to sustain work over time, not just whether you could theoretically do it for short periods.

If your benefits were terminated around the two-year mark, it’s important to act quickly. There are strict limitation periods in New Brunswick for appealing or filing suit, and waiting too long can cost you your right to reinstatement. Our Moncton LTD lawyers will review your file, identify weaknesses in the insurer’s reasoning, and pursue a fair resolution—whether through reinstatement or settlement.

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

Being on long-term disability doesn’t automatically protect your job forever, but your employer cannot terminate you simply because you’re disabled. Under New Brunswick’s Human Rights Act, employers have a legal duty to accommodate employees with disabilities to the point of undue hardship. This includes adjusting duties, offering modified schedules, or exploring gradual return-to-work options before considering termination.

However, there are situations where a termination may still occur legally. If your employer can show that it’s impossible for you to return to any form of work in the foreseeable future, or if the business closes or restructures, they may claim the contract has been “frustrated,” which means it can no longer be fulfilled because of the long-term nature of your disability.

If you’re terminated while receiving LTD benefits, get legal advice before signing any paperwork. Severance agreements, releases, or settlement offers from your employer can unintentionally affect your ongoing insurance coverage. Some policies offset severance or pension income, and in certain cases, signing a release can even give the insurer grounds to stop your benefits.

At NOVA Injury Law, we coordinate both employment and disability law considerations to make sure your rights are protected from every angle. We’ll review any documents you’re asked to sign, explain how they might impact your LTD payments, and help you navigate next steps without risking your financial security.

For more information, see: Can I Be Fired While on LTD in Canada?.

Are LTD Benefits Taxable? What About the Disability Tax Credit?

Whether your long-term disability benefits are taxable depends entirely on who pays the premiums for your policy. If your employer pays the full premium, your LTD benefits are considered taxable income under Canadian law. However, if you pay the premiums yourself through payroll deductions (using after-tax dollars), your benefits are typically non-taxable.

This distinction can have a major impact on your take-home income during disability. For taxable plans, you’ll need to plan for deductions just as you would with regular employment income. In some cases, we coordinate with financial professionals to help clients estimate what their after-tax LTD payments will look like so there are no surprises.

If your LTD benefits are taxable, you may also be eligible for the Disability Tax Credit (DTC), a federal program designed to reduce income tax for individuals with significant and prolonged impairments. Many people receiving LTD qualify for the DTC but never apply, missing out on thousands of dollars in tax savings or retroactive credits.

Our Moncton LTD lawyers regularly help clients understand how their benefits, CPP-Disability payments, and tax credits interact. We can connect you with trusted financial advisors or assist with documentation to make sure you maximize the support available to you.

Should I Take a Lump-Sum Buyout?

Sometimes, insurance companies offer to settle long-term disability claims with a lump-sum payment instead of continuing monthly benefits. At first glance, it can seem like an appealing option—one large payment that gives you control over your finances and ends the ongoing stress of dealing with the insurer. But before you agree to anything, you need to understand what you’re giving up.

A lump-sum buyout typically means your insurer will pay a single, negotiated amount to close your claim permanently. Once you accept, you’ll no longer receive monthly LTD payments, even if your condition remains the same or worsens in the future. Insurers make these offers because they limit their long-term financial responsibility—often at a significant discount from the full value of your ongoing benefits.

At NOVA Injury Law, we evaluate each buyout offer carefully. Our Moncton LTD lawyers calculate the true value of your remaining benefits, factoring in your age, health, benefit amount, life expectancy, and potential return-to-work prospects. We also assess tax implications and how a settlement might affect other supports, such as CPP-Disability or private health benefits.

Sometimes, a buyout can make sense. If you’re nearing retirement age, planning a career change, or simply want closure, a buyout. In other situations, accepting a lump sum could leave you undercompensated and financially exposed.

Before signing anything, we’ll explain your options clearly, negotiate on your behalf, and make sure your long-term interests come first.

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

You can appeal an LTD denial yourself, but insurers have lawyers and medical consultants working against you. Having experienced representation helps ensure your case is fully supported.

Here’s how the team at NOVA Injury Law can help:

We understand insurer tactics: We know what kind of medical proof and documentation gets results.
We manage deadlines and paperwork: Every form, letter, and report is handled accurately and on time.
We protect your rights: If negotiations fail, we’ll file a lawsuit to enforce your entitlement.
We strengthen your case: Our in-house physician ensures your file clearly proves your disability.
We reduce your stress: We take over insurer communication so you can focus on recovery.
We work on contingency: You pay nothing upfront and no legal fees unless we win.

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

A gradual return to work can be positive, but it must be managed carefully to avoid losing your benefits. Most policies allow for rehabilitation or trial work periods, but these have strict rules.

We help you plan safely for returning to work by:

Reviewing your policy: Ensuring your return complies with LTD conditions and won’t void coverage.
Coordinating with your doctor: Making sure your restrictions are clearly documented.
Confirming insurer approval: Securing written terms for partial benefits or reinstatement if the attempt fails.
Tracking progress: Documenting symptoms and hours worked to maintain accurate medical records.

Handled correctly, a return can support your recovery. Handled carelessly, it can jeopardize your benefits.

Learn more: Your Guide to LTD Benefits and Employer Responsibility in Canada.

What Compensation Can You Recover in an LTD Case?

Successful LTD claims can result in several forms of compensation:

Past benefits owed: Recovery of unpaid LTD payments, plus interest.
Reinstatement of benefits: Resuming ongoing monthly payments if you remain eligible.
Interest on delayed payments: Compensation for lost use of funds.
Medical evidence costs: Reimbursement for assessments and reports required to prove your claim.
Punitive or bad-faith damages: Additional compensation if the insurer acted dishonestly or unreasonably.
Legal costs: Courts may order the insurer to pay your legal expenses in cases of bad conduct.

Our goal is to ensure your settlement or judgment truly reflects the financial and emotional toll of the insurer’s actions.

Learn more: How to Determine the Value of an Injury Claim.

Call Our Moncton Long-Term Disability Lawyers

If your LTD claim was denied, delayed, or cut off, don’t face the insurer alone. Contact NOVA Injury Law for a free, no-obligation consultation. We’ll review your file, explain your options, and start building your case. Rest assured that you won’t pay any fees unless we win.

Book your consultation online or call our Moncton office today. Let us help you secure the benefits you deserve.

Frequently Asked Questions About LTD in New Brunswick

How soon should I apply for LTD after stopping work?

Most policies require notice or proof within 30–90 days. The sooner you apply, the better your chances.

Do mental health conditions qualify for LTD?

Yes, mental health conditions qualify for LTD. Depression, anxiety, PTSD, and similar conditions qualify when properly documented by a healthcare provider.

What if the insurer’s doctor disagrees with mine?

We gather detailed evidence from your treating professionals and independent experts to challenge their findings.

What happens at the 24-month mark?

The definition of disability usually changes at the 24-month mark. We prepare updated medical and vocational evidence to prevent termination.

Can I receive CPP-Disability and LTD together?

Yes, but LTD benefits may be offset by CPP-D payments. We’ll explain how this affects your net income.

Can I be fired while on LTD?

Not for being disabled, but some employers may terminate for unrelated reasons. Always get legal advice before signing anything.

Should I accept a lump-sum buyout?

You should only accept a lump sum buyout after professional review. We evaluate offers to ensure they reflect the true value of your remaining benefits.

How do legal fees work?

We operate on contingency, which means no upfront fees and no payment unless we recover your benefits or settlement.

Moncton Long-Term Disability Lawyers

Call our Moncton long-term disability lawyers 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.