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Explaining the Basics Steps of a Claim for Long-Term Disability

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Calgary-based Ludwar Law Firm has over 25 years of experience representing clients with long-term disability claims. Our clients appreciate that we take the time to explain each of their options, what is required to make their claim, and what they can expect during the long-term disability claim process. The goal of this article is to explain some of the basic steps involved in making a long-term disability claim for those who are unfamiliar with the process. Of course, this article touches on just some of the things you would need to know when making a long-term disability claim – for more detailed information or to ask questions about your unique situation, we welcome you to contact us today to schedule a free consultation.

Basic step #1: Figure out which long-term disability plan applies to you

There are a number of disability benefits plans and programs, and you may be eligible to apply for more than one type of disability benefit. To ensure that you are applying for all potential sources of disability income, the first step in the process is to figure out which long-term disability benefits you are eligible to apply for. For example, you may be able to apply for disability benefits from the Canada Pension Plan. You may also be able to apply through your private insurance provider for Long Term Disability Plan (LTD) coverage, which applies when a worker is totally disabled due to illness or injury. There may be other sources of disability income that apply in your situation. Talk to an experienced Calgary long-term disability lawyer to determine all of your options.

Basic step #2: Determine what is needed to prove your claim

Each long-term disability plan or program has its own eligibility criteria. The burden is on you to prove that you are disabled. In other words, it is your responsibility to provide evidence of your disability and to prove that you meet the eligibility requirements. Unfortunately, this isn’t always the straightforward process it should be. Here are a few tips:

  • In all cases, it is essential that you have your doctor's support before you apply for disability benefits, as your doctor will have to provide a medical report in support of your claim.

  • Each disability plan or program has its own forms and procedures that must be followed when making a disability claim. The language and requirements in the forms can be confusing but are your responsibility to make sure the forms are filled out properly.

  • There are typically forms that will need to be filled out by other people (for example, your doctor or your employer), and it is also your responsibility to ensure that those forms are accurate and give all the necessary information.

Many long-term disability claims are denied not because the person is not disabled, but because of the quality of information and documents they submitted (or failed to submit) to the disability plan or program. To avoid having your legitimate disability claim denied, it is absolutely essential that you understand exactly what evidence and documents you need to gather to establish your eligibility for long-term disability benefits.

Basic step #3: Submit your disability claim application

Once you have gathered all the evidence and prepared the application, you must submit it to the disability plan or program. In many cases, the claims representative or adjudicator assigned to review your application for long-term disability benefits will contact you for more information. You will need to satisfy any requests for further information before a decision can be made to approve or deny your claim. Once all the necessary information has been submitted, it typically takes about 30 days for the claims representative or adjudicator to make the decision to approve or deny your claim, though in some cases, it can take longer. If your application is denied, Ludwar Law Firm can help you appeal the decision to deny your claim for long-term disability (Saskatchewan and Alberta are our areas of practice). We know how to get your claim taken seriously and prepare the necessary documents to have your insurance company or the Canada Pension Plan to look at your claim again.

Contact Ludwar Law Firm for help with your long-term disability claim

Calgary-based Ludwar Law Firm focuses on helping clients with long-term disability (Calgary-based clients are served by our firm, as well as clients across all of Alberta and in Saskatchewan). Long-term disability clients are dealing with much more than just the legal aspects of getting their disability claim approved and often need information on many aspects of living with disability. Our clients appreciate being able to talk to people who can explain the process, their options, and what will happen during their claim. With 25 years of experience and an ongoing focus on long-term disability claims, Ludwar Law Firm has the knowledge to help you. Our legal expertise has helped win even difficult claims involving depression, chronic fatigue syndrome and fibromyalgia. Whether you are considering making an application for long-term disability benefits or have already started the process of making a disability claim, contact us today to schedule a free consultation. We’ll help you get the indemnity you deserve.


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