St. John’s Long Term Disability Lawyers

If you have suffered from a long-term illness or injury that has left you unable to work, you are probably frightened and worried about how you will make ends meet.

Long-term disability benefits (LTD) are available to those who are unable to work due to their disabilities. Sadly, many workers are wrongfully denied benefits, and insurance providers try to delay paying out benefits as much as possible. In other instances, employers cut off LTD benefits, making it challenging to afford basic necessities.

NOVA Injury Law is known as The Doctor-Lawyer Law Firm™. With a practicing physician working directly with our legal team, we bring medical expertise into every LTD case. Having a practicing physician on our team means stronger medical documentation, better appeals, and more leverage when insurers argue your condition doesn’t qualify.

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.

How do I qualify for LTD benefits in Newfoundland and Labrador?

Although many individuals may suffer from injuries or other illnesses, there are specific eligibility requirements that must be met to qualify for LTD benefits. Under the law, to qualify, you must have physical or mental disability that prevents you from working.

Most employers require you to be on sick leave or short-term disability before approving LTD benefits. Your employer must also offer LTD benefits through their health insurance program. 

Medical Evidence

To qualify for LTD benefits, you must present medical evidence that you are unable to perform your work duties. One of the first steps you must take is to visit a physician who can provide you with medical documentation that supports your claim. 

Some of the comprehensive medical documentation that the insurance company will require, which will also help substantiate your case, includes:

• Doctor’s notes
• Diagnostic testing, including MRIs, X-rays, or CT scans
• Specialist assessment reports

Your doctor will also need to provide a report describing how your medical condition affects your ability to work. Additionally, your healthcare professional will also need to provide a detailed treatment plan describing the approach they will use to treat your condition.

Mental health conditions such as depression, anxiety, and PTSD are also valid reasons for LTD, provided they are supported by medical documentation. It is also critical that you ensure your medical records consistently document your condition and symptoms before and after you stop working. 

In rural parts of the province, many workers worry that limited access to specialists will weaken their claims. Our team helps clients bridge this gap by securing the medical support needed to prove disability.

Complete the Application Process

If you plan on applying to try to obtain LTD benefits, it is in your best interests to hire a lawyer to assist you with filing for LTD benefits. The application process generally consists of obtaining the necessary forms from the insurance company and submitting them for approval. However, the application process can be overly complex, and applications filled out incorrectly or incompletely are usually denied, causing unnecessary delays. The most effective solution is to hire a lawyer who can assist you with the steps required to apply. Some of the forms applicants are required to turn in include a claimant statement, an employer statement, and an attending physician statement. These three separate statements will verify your condition, its impact on your job duties, and pertinent medical details and prognosis.

Next Steps

After you have submitted your application, your insurer will most likely request additional information. One of the most significant benefits of hiring an LTD lawyer is that they will act as your legal liaison with the insurance company.

Even with a lawyer on your side, you may be asked to actively participate in the treatment plan and be prepared to submit to further assessments. Regardless of what the insurance company may require of you, NOVA Injury Law is ready to help you navigate the legal complexities of the claims process. 

How Long Do I Have to Apply After I Leave Work?

If you are considering the option of applying for LTD benefits in Newfoundland and Labrador, you should apply within weeks or a few months of stopping work. The amount of time that you have to file for LTD disability benefits is based on the specific terms of your employer’s insurance policy.

In most instances, insurance providers require an individual to apply within 90 to 180 days of their last day of work or at the end of their short-term disability period. Waiting too long may result in an automatic denial. 

Disability Onset Date

Your disability onset date begins when your injury or illness prevents you from returning to work and performing your essential duties. To ensure that you remain compliant with the terms of the insurance policy, you must notify your employer and insurer that you will not be able to return to work in the near future.

Waiting Period

Also referred to as the elimination period, the waiting period is the length of time that you must be continuously disabled before you become eligible to receive LTD benefits. In St. John’s, the waiting period can range from 90 to 180 days, or sick leave or short-term disability benefits coverage has ended.

Although you are not eligible to receive LTD payments during this time period, you must follow all medical treatment and documentation guidelines.

Application Deadline

Once the mandatory elimination period is over, you will need to have all of the required application forms submitted to the insurer. In many instances, applicants are required to have their application forms turned in by the end of their elimination period. 

Because there are many variations in how LTD benefits are applied, it is best to have an LTD benefits lawyer assist you with the application process. A knowledgeable LTD benefits lawyer understands the legal nuances of filing for LTD benefits and will ensure that you do not miss critical deadlines that could cause your application to be automatically denied. 

What Can I Do if My LTD Application is Denied?

 

Unfortunately, LTD applications are routinely denied. If your claim is rejected, you have the right to appeal. Appealing a denial can be an overly complex process and is best handled with the guidance of a trusted lawyer. 

Appeals require more medical documentation, responses to the insurer’s objections, and sometimes a lawsuit. In Newfoundland and Labrador, many workers ask if they should involve a lawyer right away after a denial. The answer is yes, legal involvement early often prevents delays and strengthens appeals. Our team is experienced in overturning denials and pursuing litigation when necessary.

An LTD benefits lawyer can assist you with the appeals process by communicating with the insurance company on your behalf and providing a range of other legal services, including:

• Thoroughly evaluate your case: Review the initial application, denial letter, and medical evidence to identify why your claim was denied. Based on the insurer’s evaluation, your lawyer can identify weaknesses in the case that may have contributed to the insurance company denying you LTD benefits.
• Build a strong case backed by supporting evidence: In many instances, applicants lack the medical documentation needed to substantiate their claims. A lawyer can help to gather new or missing evidence that demonstrates your eligibility for LTD benefits.
• Deal directly with the insurance company on your behalf: Your lawyer can handle all communications with the insurer, including submitting your appeal and negotiations.
• Write a strong appeal to challenge the denial: Your lawyer will write a strong and persuasive appeal that addresses and counters the insurance company’s arguments as to why they denied the application.
• Courtroom legal representation: If your appeal is denied, your lawyer can file a lawsuit against the insurer.

Why did my LTD Benefits Stop After Two Years?

If you are like many St. John’s residents who have been receiving LTD benefits, they may have suddenly stopped after two years. One of the methods that insurers use to stop LTD benefits is by changing the “any occupation” rule. 

Under the insurer’s policy, the first two years that you received LTD benefits are likely defined as you having “disability”. Under the “own occupation” rule, your disability qualified you as being unable to perform your specific job duties. 

For the first two years, you only need to show that you cannot perform your own job. However, after the two-year period ended, the definition of your disability most likely changed to include “any occupation.” 

To protect their profitability, most insurance providers will reassess a beneficiary’s medical condition and work-related abilities. To continue to receive LTD benefits, you must prove that you cannot perform any occupation for which you are suited by education, training, or experience.

Insurers often use this rule to cut people off, even when they remain unable to work, by imposing higher eligibility requirements. In some instances, insurers argue that there is a less-demanding job that you could perform. As a result, they deny individuals further LTD benefit payments. 

NOVA Injury Law has in-depth experience dealing with insurance companies’ medical and legal teams. Our highly trained LTD benefits lawyers challenge these cut-offs with detailed medical and vocational evidence.

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

Yes, you remain an employee while receiving LTD, but employers may still terminate you in certain circumstances. Many St. John’s workers worry about losing their jobs while off on disability. Employment law and LTD claims overlap in these cases. If you believe your employer has mistreated you, our lawyers can review your situation and take action to protect your rights.

Legally Permissible Grounds for Termination

A Newfoundland employer has the legal right to terminate any employee receiving LTD benefits. However, the employer must be able to provide a legitimate and specific reason for terminating an employee. Employers are not permitted to terminate employees solely because they are receiving LTD benefits. 

Before you can be terminated, your employer must first attempt a “reasonable accommodation” for you that allows you to perform your duties until it causes undue hardship. Some legitimate reasons employers can terminate employees receiving LTD benefits include budget cuts, the elimination of your position, or company-wide restructuring. Your employer must also provide proper notice of their intent to terminate you unless they fire you for just cause. Our law firm can also inform you of your LTD options if you have been terminated.

The Last Day of Coverage

In some instances, LTD coverage stops shortly after an employee is terminated. Although some individuals can apply for LTD benefits after being terminated, you must prove that your disability began before you were let go. 

Our LTD lawyers help clients in St. John’s and remote communities file strong applications on time, ensuring deadlines don’t jeopardize their claim.

Are LTD Benefits Taxable, and Can I Claim the Disability Tax Credit?

A common question many individuals receiving LTD benefits ask is whether they will be required to pay tax on their benefits. Under Newfoundland law, if your employer paid your LTD premiums, the benefits are taxable. If you paid them yourself, they are generally tax-free.

Depending on the circumstances involved,  you may qualify for the federal Disability Tax Credit, which provides significant tax relief.

If your employer paid your premiums, then any LTD benefits you receive are generally taxable. Conversely, if you paid the full premium yourself, your benefits most likely are tax-free. If you and your employer both contributed to paying for your LTD benefits, the portion of benefits attributable to your employer’s contributions is subject to taxation. 

Disability Tax Credit (DTC)

Depending on your circumstances, you may be eligible to claim the Disability Tax Credit (DTC). For example, you may be eligible for the DTC if you have a prolonged and severe disability that affects your ability to perform activities of daily living (ADLs). 

To receive the tax credit, you and your doctor must submit an application to the Canada Revenue Agency (CRA). If the CRA approves your application, you will be allowed to claim the DTC on your income tax return. 

Should I Accept a Lump-Sum Buyout From My Insurer?

Insurers sometimes offer lump-sum settlements to close LTD claims. While tempting, these offers often undervalue long-term needs. Many clients in Newfoundland and Labrador tell us their LTD payments are already too low to cover basic living costs. Accepting a lump-sum buyout could result in unforeseen financial hardship because monthly payments stop, and they are only meant to replace 60% of your pre-disability income. Accepting a buyout without careful review could leave you worse off. 

Important Considerations

There are several essential considerations you should evaluate if your employer has offered you a lump sum buyout instead of regular payments. Key points to keep in mind and discuss with your lawyer include:

• All monthly payments cease, which could cause you to struggle with covering basic living expenses, including housing, medical expenses, and utilities. Many individuals receiving LTD benefits in Newfoundland and Labrador already struggle to pay for basic necessities due to the province’s high cost of living.
• You will forfeit your right to receive any future benefits, even if your injury or illness worsens.
• Any lump sum settlement buyout offer proposed by the insurance company will be less than the total value you would receive if you agree to continue with monthly payouts. It is essential to keep in mind that insurance companies offer lump sum buyouts because they save money in the long run, and they are not intended for the well-being of claimants.
• Once you accept a lump sum, you will need to manage the money yourself. Depending on who paid for the policy, you could face a significant tax liability.

How Working With a Lawyer Makes a Difference

In many instances, insurers try to pressure individuals into making quick decisions to accept lump sum buyout offers. You should never agree to accept a buyout without first consulting a qualified LTD lawyer. Your lawyer can professionally evaluate the offer to determine if it aligns with your interests. Our NOVA Injury Law LTD lawyers assess settlement offers to ensure they meet your medical and financial needs before you make a decision.

Some of the factors our legal team will consider when guiding you through the decision-making process include assessing your long-term needs to determine if the settlement is sufficient to cover future expenses and medical costs. If medical professionals have concluded that you are permanently disabled, a lump sum may not be enough to provide the financial support you need for your expenses. 

At NOVA Injury Law, our LTD lawyers have comprehensive experience evaluating lump-sum buyout offers and will help confirm your decision aligns with your specific situation and best interests.

Do I Need a Lawyer to Handle My LTD Dispute?

In Newfoundland and Labrador, many people choose to involve a lawyer early in the process, often immediately after denial. Seeking legal advice is a wise choice, as insurers are more likely to take claims seriously when a lawyer is involved. 

The most effective solution is to hire a lawyer at the beginning of the dispute. Hiring a lawyer immediately ensures that you can understand the legal issues you are facing and avoid costly and time-consuming mistakes. When you involve a lawyer, they will review the denial letter and identify the reasons the insurance company cited for denying your claim. 

If your case is overly complex, you will need a lawyer who understands the legal complexities involved with your claim. When you come to us for legal assistance, our LTD lawyers can explain your rights and act as your advocate with the insurance company. Our dedicated legal team can handle all necessary paperwork, reducing your stress and helping you reach a faster resolution for your case. 

At NOVA Injury Law, we work on a contingency basis, meaning no upfront fees, and you only pay if we win your case.

What happens if I try to return to Work while on LTD?

Some LTD policies allow for gradual return-to-work or part-time arrangements. Even so, many insurers will often use these attempts to argue that you are capable of returning to full-time employment. 

Before trying to return to work, you must consult with an LTD disability lawyer. A knowledgeable lawyer can review your policy and the specifics of the case to determine if returning to work is in your best interests. One of the most significant risks of returning to work is the chance that it could complicate your ability to file for future benefits should your injury or illness recur. Because insurance companies often employ tactics to minimize or avoid paying benefits, having a skilled lawyer on your side ensures your rights are protected.

If you live in St. John’s or a rural area and want to try returning to work, our legal team can guide you through the process and protect your benefits from being unfairly cut off. Our St. John’s law firm understands the challenges of those who live in rural or remote areas and is ready to assist you with your legal needs. 

Free Consultation with St. John’s Long-Term Disability Lawyers

If your LTD benefits have been denied, delayed, or cut off, call today to schedule a free consultation. Our St. John’s LTD lawyers are available 24/7, and you pay no fees unless we win your case.