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Employees have long-term disability benefits through their employers’ group insurance policy, which provides income replacement benefit in the event of a disability. Such benefits are paid up to the age of 65 if the disability is permanent.
However, insurance companies either deny or terminate disability benefits. For example, they might tell you that you do not have sufficient medical evidence to prove your disability
It is true that in some cases of disability such as chronic pain, fibromyalgia, or psychological impairment (e.g. depression, anxiety), the medical record only shows the employee’s subjective complaints of pain and sufferings and cannot provide any objective evidence to prove their disability.
However, simply because objective evidence is not provided, it does not mean that you do not suffer from a disability. In fact, Canadian courts have awarded damages in cases of chronic pain, fibromyalgia, and mental disorders and ruled that such disabilities are real.
For the first time, the Supreme Court of Canada’s decision in the case of Nova Scotia (Nova Scotia (Workers’ Compensation Board) v. Martin; Nova Scotia (Workers’ Compensation Board) v. Laseur, [2003] 2 SCR 504, 2003 SCC 54 (CanLII)) addressed the issue of chronic pain and mentioned that those who suffer from chronic pain experience a real disability.
If you receive a denial letter, we encourage you to contact us at Noohi Law immediately for a free consultation. Our team of experienced lawyers will review your case and will file a law suite against your insurance company. We will advocate for you to recover the payment of benefits for which you are eligible under your insurance policy and will also seek damages for your mental suffering.
Contact us at (416) 907-7364 or send us an email with your inquiry at [email protected]
***Disclaimer: This article is written for informational purposes only and should not be relied upon as legal advice***
Child Custody in Ontario The breakdown of a relationship can be very difficult for the adults involved, but if that relationship has produced kids, it can be even more difficult for the children of that relationship to adjust to the significant life changes they are facing.
Employees have long-term disability benefits through their employers’ group insurance policy, which provides income replacement benefit in the event of a disability. Such benefits are paid up to the age of 65 if the disability is permanent.
Lawyers and paralegals are permitted to utilize contingency fee agreements with their clients in certain contexts. It is crucial for legal professionals to understand when it is appropriate to charge by way of a contingency fee arrangement and when it isn’t. It is also important that you know when a contingency fee arrangement may or may not be suitable for your circumstance so that you can be a better advocate for yourself. It is prohibited for
Production of Plaintiff’s Facebook Posts in Courts There has been a growing trend in production of the plaintiffs’ private Facebook posts in courts. On April 19, 2018, the Ontario Superior Court granted a motion to the defendant on production of the plaintiff’s private Facebook posts.
Insurance Examination (IE) Most often our clients ask us if they have to attend the Insurance Examinations and why? We advise them to attend the examination based on the specifics of their cases.
Child Custody – Best Interest of the Child When deciding about child custody, the primary consideration of the courts is to place the child in a situation that serves the child’s best interest. But what is that exactly?
We wanted to let you know that the Lieutenant Governor in Council made an order under s. 7.1 of the Emergency Management and Civil Protection Act suspending limitation periods and procedural time periods. The suspension is retroactive to March 16, 2020. Please find a copy of the order attached here.
Virtual Witnessing and Executing a Will or Power of Attorney In light of the COVID-19 pandemic, the Ontario government issued an Emergency Order in Council (the “Emergency Order”) allowing Wills and Powers of Attorney for Property and Personal Care to be virtually executed and witnessed. A valid Will or Power of Attorney in Ontario
COVID-19 & CHANGES TO FAMILY COURT—Is this the force needed to modernize access to justice? We are still under strict lock down orders from the government and the courts remain closed across the country. The family law system in Canada has always been described as “broken”, and the court closures have only placed greater burden on
The ABCs of LTDs: Breaking down the Basics about Long-Term Disability In the event of an injury or illness where you are not able to return to work, long-term disability insurance offers some protection by providing you with a portion of your income that can go towards keeping things financially afloat. It is there to offset any financial hardship you
So, you had a slip-and-fall…Now what?! Slip-and-fall injuries happen on Toronto city property every day. Many of these incidents are as a result of roads and sidewalks being left in a state of non-repair.
Occupiers Liability An occupiers’ liability claim in Ontario is filed against a property owner or occupier who was somehow negligent in preventing injuries on his or her property. Such claims commonly arise from incidents such as a slip-and-fall on icy stairs, or a trip-and-fall on uneven ground or pot hole. A successful claim may result in compensation
Motor vehicle insurance companies lowering insurance rates: It’s not a surprise that we Ontarians pay a lot for our motor vehicle insurance. Insurers have a well-established reputation of overcharging Ontario drivers. As many people are practicing social distancing and self-isolating, there are fewer and fewer drivers on the road.
What happens If I’m Hit by an Uninsured Driver? An uninsured driver is a driver who is operating a motor vehicle without having motor vehicle insurance When these drivers get involved in motor vehicle accidents, they place a great burden on all Ontario residents.
Managing Your Mental Health during COVID-19: We’re living in unprecedented times and it feels like the world has changed. It may seem like every day we are bombarded with more and more bad news about the new world we’re living in. We are social creatures by nature and are not used to being quarantined and distanced from our friends and family.
Income Replacement Benefit How will you support yourself and your loved ones if you cannot earn income after a motor vehicle accident? If you are employed or self-employed at the time of a motor vehicle accident, or if you were employed at least 26 weeks during the 52 weeks before the accident or you were receiving benefits under the Employment
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