Vancouver Long-Term Disability Lawyers

If an illness or injury is keeping you from working, long-term disability benefits can be the difference between financial stability and serious hardship. Unfortunately, many long-term disability claims are denied, cut off, or delayed indefinitely by insurance companies. At Preszler Injury Lawyers, we have seen this happen over and over again.

That is where our Vancouver long-term disability lawyers can make a meaningful difference. When you work with experienced long-term disability attorneys, they can help you understand your rights, challenge an unfair denial, and allow you to focus on your health instead of fighting with an insurer.

Here’s some information on how long-term disability claims work in British Columbia, common problems people run into, and how a Vancouver long-term disability lawyer from our law firm can support you at every stage of the process. Contact Preszler Injury Lawyers today for a free consultation to learn more about your legal options.

Understanding Long-Term Disability Insurance in BC

Disability insurance is often one of the most important benefits an employee has, yet many people only learn how it works after they have already become sick or injured. Long-term disability (LTD) coverage is meant to provide income protection when a health condition prevents you from working.

Under a typical LTD policy, you should receive a monthly benefit if you are unable to work because of a disabling physical or psychological condition. Unfortunately, the reality of obtaining disability benefits is not always straightforward. Policies are written in technical language, and insurers carefully scrutinize claims.

Employees are often denied or completely cut off from receiving benefits before they are physically or mentally ready to return to work. If you become disabled, you will have to meet certain conditions to obtain coverage. Your policy should specify what these conditions are, but satisfying those requirements and proving your claim can be difficult.

Long-Term Disability Insurance and How It Replaces Your Income in BC

Long-term disability insurance is usually designed to replace a portion of your income if a medical condition prevents you from working. The exact percentage, waiting period, and maximum duration of benefits will depend on your policy wording.

Most LTD policies include:

• An “elimination period” (for example, the first 90 or 120 days of disability) before benefits begin
• A monthly benefit based on a percentage of your pre-disability income
• A definition of disability that changes over time (often “own occupation” for the first 24 months, then “any occupation” afterwards)
• Rules about offsets, such as CPP disability or other sources of income

A lot of people only find out about the value of disability insurance after it’s too late. At Preszler Injury Lawyers, we always encourage people to review their disability coverage so they understand what protection they actually have if they become unable to work.

Who is Covered By Long-Term Disability Insurance in Vancouver?

In Vancouver and across British Columbia, many workers have LTD coverage without realizing it. Common sources of coverage include:

• Group LTD plans provided through your employer’s benefits package
• Union or professional association disability plans
• Individual disability policies purchased through a broker or financial advisor

If you are unsure whether you have coverage, it can be helpful to:

• Look at your benefits booklet, union agreement, or new-hire package
• Review any group benefits information from your employer’s human resources department
• Ask your insurance broker if you have an individual disability policy in place

Even if you are self-employed, you may have purchased your own disability insurance or be covered through a professional plan. Our Vancouver long-term disability lawyers can review your documents and help you understand whether you are likely to be eligible for LTD benefits, and what definition of disability applies at different stages of your claim.

Other Disability Income Sources

In addition to LTD insurance, if you are disabled and are no longer able to work, you may also be eligible for:

• CPP Disability: The federal government’s Canada Pension Plan disability benefit provides a taxable monthly payment if you are under 65, have made sufficient CPP contributions, and have a “severe and prolonged” disability that regularly prevents you from doing any substantially gainful work.
• WorkSafeBC benefits: If your disability is the result of a workplace accident or occupational disease, you may qualify for WorkSafeBC permanent disability benefits.
• ICBC accident benefits: If your disability arises from a motor vehicle crash, you may be entitled to ICBC Enhanced Accident Benefits for treatment, rehabilitation and income replacement under the Insurance (Vehicle) Act and its regulations.

Each of these systems interacts differently with individual LTD insurance. For example, some LTD policies allow insurers to deduct CPP disability benefits from what they pay. Read our blog about whether CPP benefits are deducted from long-term disability benefits to learn more.

Because the coordination rules are complex, it is helpful to speak with Vancouver long-term disability lawyers who understand how these different programs work together if you’ve been injured or have an illness that prevents you from working.

When To Contact a Vancouver Long-Term Disability Lawyer

Dealing with insurance companies can be complicated and stressful. If you do not know the law, even the smallest mistake, like not filling out your forms properly, can hurt your claim and minimize the benefits you can claim.

At Preszler Injury Lawyers, we take this stress out of the equation by dealing with the insurance company on your behalf. Many people wait until their claim has been denied before they speak with a lawyer. While a lawyer can still help at this stage, getting advice early on in the process can further reduce stress and help you avoid common, preventable mistakes.

Consider reaching out to our Vancouver long-term disability lawyers if any of the following scenarios apply to you:

• You are thinking about applying for LTD and are not sure whether you qualify
• Your insurer is sending mixed messages or asking for repeated forms and assessments
• Your claim has been delayed and you are not getting clear answers
• Your benefits have been denied or terminated
• Your insurer says you are no longer disabled under the “any occupation” definition
• Surveillance, social media, or independent medical exams (IMEs) are being used against you
• You feel overwhelmed dealing with complex insurance policy language

One of the many advantages of working with our long-term disability lawyers is that we know how complex this area of law can be. Documentation is important in advancing these types of claims.

At Preszler Injury Lawyers, we will help you gather evidence to support your claim properly. We work with your doctors to ensure they provide the insurance company the information it needs to start paying you disability benefits. If you do not have a physician you trust, we can connect you with some of the best doctors in BC to write reports explaining what your disabilities are and how they affect your ability to work. It is our job to get you the benefits you deserve.

Types Of Conditions Our Vancouver Long-Term Disability Lawyers Commonly See

Long-term disability benefits are not limited to one particular diagnosis. Our Vancouver long-term disability lawyers regularly assist clients living with a wide range of physical and psychological conditions, including:

• Chronic pain and musculoskeletal injuries, such as back pain, neck pain, or chronic pain conditions that continue long after an accident or surgery
• Mental health conditions, including depression, anxiety, PTSD, and other conditions that may be supported by resources from organizations like the Canadian Mental Health Association BC Division CMHA British Columbia
• Neurological conditions, such as traumatic brain injuries, concussion symptoms, migraines, or seizure disorders
• Autoimmune and inflammatory diseases, including rheumatoid arthritis and other conditions that can cause fatigue, pain, and reduced stamina
• Cardiovascular and respiratory issues, including complications that may follow serious infections or environmental exposures
• Long COVID and post-viral syndromes, which can result in ongoing fatigue, cognitive difficulties, and other symptoms that make it difficult to work full time
• And more conditions…

Many of these conditions are “invisible.” They may not show up clearly on imaging or blood tests, but they can still have a serious impact on your day-to-day functioning. If you live with long-term symptoms, our long-term disability lawyers in Vancouver can help you and your healthcare providers describe your limitations clearly so the insurer understands how your condition affects your ability to work.

If you are unsure whether your condition could qualify for LTD, you can also review our blog on what conditions qualify for long-term disability in British Columbia and then contact us to discuss your specific situation.

Common Reasons Long-Term Disability Claims Are Denied in Vancouver

Insurance companies often say they “care” about claimants. However, the reality is that insurers operate as businesses, which means profitability is their number one priority. Denials and terminations of LTD benefits are common in Canada, and our legal team has seen this time and time again.

Some of the most frequent reasons for rejections and denials include:

1. Disputes About Whether You Are “Totally Disabled”

Your policy will define what it means to be “partially” or “totally” disabled. In many LTD policies:

• During the own occupation period, you are considered to be disabled if you are unable to perform the essential duties of your own job (the job you had prior to developing your disability).
• After a specified period (often 24 months), the test may change to any occupation. This means you will not be considered disabled unless you are unable to perform the duties of any job for which you are reasonably suited by education, training, or experience.

Insurers may argue that you can do modified work, part-time work, or some “lighter” job, even if no such job actually exists for you in the real world. They use this reasoning to cut off benefits that you were previously receiving, even if you still need them.

At this stage, it’s important to contact a long-term disability lawyer, as they may be able to obtain vocational assessments, functional capacity evaluations, and gather medical documentation from your doctor and other treatment providers. A good long-term disability lawyer will also argue that the alternative occupation suggested by the insurer is unrealistic in light of your limitations, age, and work history.

2. Lack Of “Objective” Medical Evidence

Insurers sometimes deny claims on the basis that there is not enough “objective” evidence of your disability or medical condition, such as MRIs, blood tests, or visible injuries. This is especially common with:

• Chronic pain conditions
• Fibromyalgia
• Mental health conditions such as depression, anxiety, PTSD, or bipolar disorder
• Long COVID and post-viral syndromes

However, many legitimate disabilities do not show up clearly on imaging or lab tests. Our Vancouver long-term disability lawyers can help ensure your medical records and reports fully capture how your condition affects your inability to work. For more information about common qualifying conditions, see our blog on what conditions qualify for long-term disability in British Columbia.

3. Allegations Of Non-Compliance With Treatment

Your policy likely requires you to be under the regular care of a physician and to follow reasonable treatment recommendations. Insurers may deny benefits by claiming you:

• Missed doctor’s appointments
• Did not follow through with recommended specialist care
• Declined certain medications or therapies

In reality, treatment issues are often more complicated. Access to specialists in Vancouver and across BC can involve long wait times. Some medications carry serious side effects. A long-term disability lawyer can help present your treatment history fairly and respond to allegations of “non-compliance.”

4. Surveillance And Social Media

Insurers may hire investigators and place you under surveillance when you’re in public or review your social media posts. Short clips of you carrying groceries, attending a family event, or smiling in a photo can be taken out of context and used to suggest you are not disabled.

Our Vancouver long-term disability lawyers regularly challenge the way this type of evidence is interpreted by comparing surveilled activities to the actual demands of your job. We strive to demonstrate that the activities of daily living are not the same as sustained full-time work. This is no easy feat, which is why we always recommend speaking with an experienced Vancouver long-term disability lawyer if you need assistance.

How Our Vancouver Long-Term Disability Lawyers Can Help With Your Long-Term Disability Claim

Our long-term disability lawyers support clients at every stage of the long-term disability process. While each case is unique, our help often falls into a few key areas.

Pre-Claim Advice And Application Support

Before you apply for long-term disability benefits, we’ll review your policy and explain the definitions, waiting periods, offsets, and exclusions. This is important to help you understand how your LTD claim might interact with CPP disability or other employment insurance sickness benefits.

We’ll suggest questions to ask your doctor when completing forms and help you avoid inconsistencies between your forms, your doctor’s report, and medical reports. Getting things right at the beginning of the application stage can sometimes prevent disputes later down the line.

Guiding You Through Internal Appeals

If your claim has been denied or terminated, your insurer may invite you to file an internal appeal. These appeals are handled by the same insurance company that made the original decision, so it’s important to note that they are not truly independent.

Our lawyers will:

• Review your denial letter and identify what evidence the insurer says is missing
• Work with your medical providers to obtain detailed reports and supportive documentation
• Help you decide whether to pursue an internal appeal, start a lawsuit, or both

Even if you pursue an internal appeal, a lawyer will keep limitation periods in mind so that you do not run out of time to take legal action, if necessary.

Negotiation, Settlement, And Litigation

Many LTD disputes are resolved through negotiation or mediation rather than a full trial. Our Vancouver long-term disability lawyers will:

• Communicate with the insurer on your behalf
• Explore settlement options that reflect both past benefits owed and future entitlements
• Prepare your case for litigation in the Supreme Court of BC if a fair resolution cannot be reached

Having an experienced legal team in your corner can help level the playing field when you are up against a large insurance company. We will help you determine the right approach for your unique circumstances.

How to Prove Your Long-Term Disability Claim

Winning a long-term disability case is not just about having a diagnosis. It is about proving how your condition affects your day-to-day functioning and your ability to work. This is another way our long-term disability lawyers in Vancouver can help.

Key types of evidence include:

1. Medical Records And Expert Reports

Comprehensive medical evidence often includes documentation like family doctor records and narrative reports. Other specialist reports, such as rheumatologists’ reports, neurological reports, psychiatric reports, and reports from pain specialists, are also important.

Our long-term disability lawyers can help your healthcare providers understand what kind of information is actually needed for your LTD claim, such as:

• Your specific functional limitations (ie, sitting, standing, lifting, concentration, stamina)
• How your symptoms fluctuate over time
• Medication side effects
• Your prognosis and expected course of your condition

2. Functional Capacity Evaluations (FCEs)

In some cases, independent assessments such as functional capacity evaluations can provide a detailed picture of your abilities and restrictions. These assessments may be arranged by the insurer or your own legal team. Our long-term disability lawyers in Vancouver can help make sure the results are interpreted fairly and put into context alongside your lived experience.

3. Occupational And Vocational Evidence

Especially when the dispute relates to the “any occupation” test, it can be important to show what your pre-disability job actually involved, as well as your education, training, and work history. We’ll also provide documentation that supports realistic job opportunities available to you in your local labour market.

Vocational experts can assist by reviewing labour market data and identifying whether the jobs proposed by the insurer are genuinely suitable and reasonably available.

4. Your Own Evidence And Daily Life

Your testimony is often one of the most important parts of your case. A lawyer can help you prepare to explain what a typical day looks like now compared to before your disability. Our lawyers will also outline activities you can no longer do due to difficulty, as well as how pain, fatigue, cognitive issues, or mental health symptoms affect you.

We may also go over strategies you use to cope and the cost of these to you. Well-prepared evidence can counter the idea that, because you can do occasional household tasks or social activities, you could return to regular, reliable work.

Deadlines And Limitation Periods For Long-Term Disability Claims

One of the most dangerous pitfalls in LTD claims is missing a deadline. Some of the key time limits include:

• Policy deadlines to provide notice of claim
• Deadlines to submit proof of claim and medical evidence
• Time limits for internal appeals
• Limitation periods for filing a lawsuit in the Supreme Court of BC

Under the Limitation Act, many civil claims in BC have a basic limitation period of 2 years from the date you discover the claim, subject to some exceptions. Courts have repeatedly emphasized that missing a limitation period can permanently bar your claim.

Because policy deadlines and limitation periods can overlap and interact in confusing ways, speaking with our Vancouver long-term disability lawyers as early as possible can help you protect your rights.

Contact Our Vancouver Long-Term Disability Lawyers Today for a Free Consultation If You Need Legal Help With Your Long-Term Disability Benefits

If your long-term disability claim has been denied, delayed, or cut off, you do not have to face the insurance company alone. Preszler Injury Lawyers has been helping British Columbians with long-term disability claims and other serious injury cases for decades across Canada and in communities throughout BC.

To find out where you stand and what your next steps might be, contact one of our Vancouver long-term disability lawyers today.

You can call us toll-free at 1-844-373-8202 and speak with a member of our legal team at no cost. Your consultation will be completely free, and you’ll have an opportunity to ask questions and receive guidance on the next steps in your LTD claim.

Frequently Asked Questions About Long-Term Disability Claims In Vancouver

Do I Need To Be Completely Unable To Do Anything To Qualify For LTD?

No. Most LTD policies do not require you to be bedridden or unable to perform any task at all. The definition usually focuses on whether you can reliably perform the essential duties of your job (or any job, later in the policy) on a regular, sustained basis.

Can I Work Part-Time And Still Receive LTD Benefits?

Some policies allow limited work or “rehabilitation” programs while receiving benefits, often with adjustments to your payments. Others are stricter. Your eligibility will depend on your specific policy language. Our long-term disability lawyers can review your policy and help you understand the implications of partaking in part-time work.

What If My Doctor Says I Cannot Work, but the Insurer Disagrees?

This is very common. Insurers often rely on their own medical consultants or independent medical examiners. A lawyer can help present your doctor’s evidence clearly, challenge unfair or incomplete assessments, and, where appropriate, obtain additional independent opinions.

How Long Does A Long-Term Disability Case Take?

The timeline can vary widely depending on:

• The complexity of your medical issues
• How cooperative or adversarial the insurer is
• Court scheduling and procedural steps

Many cases resolve through negotiation or mediation before trial, but it is important to be prepared for the possibility that it may take time to reach a fair outcome.

How Do Lawyers Get Paid In Long-Term Disability Cases?

We only get paid if you get paid. Our lawyers work on a contingency fee basis in LTD cases. This means legal fees are usually paid as a percentage of what is recovered, rather than being billed hourly up front. Details will be explained clearly during your consultation so you can make an informed decision.

Should I Apply For CPP Disability If I Already Receive LTD Benefits?

In many cases, LTD insurers require claimants to apply for CPP disability benefits and may have the right to offset any CPP payments against what they owe you. Whether it makes sense to apply can depend on your policy language, your long-term prognosis, and your financial situation. Our Vancouver long-term disability lawyers can review your LTD policy, discuss how CPP disability benefits work, and help you understand how a CPP application might affect your income. 

Can I Work With A Vancouver Long-Term Disability Lawyer If I Live Elsewhere In BC?

Yes. Preszler Injury Lawyers represents clients across British Columbia, not only in Vancouver. Through phone, email, and secure video conferencing, we regularly assist people living in communities throughout the province. Whether you are in the Lower Mainland, on Vancouver Island, the Interior, or the North, you can contact our BC long-term disability team for advice about your claim.

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