What is Long-Term Disability

Long-term disability means you are unable to work for an extended period due to a serious illness, injury, or medical condition. It isn’t about how you feel but whether the condition affects your ability to perform the essential duties of your job, even if you want to work and are trying to return.

Even if your limitations aren’t visible, such as chronic pain, neurological issues, or mental health challenges, you may still have a valid disability claim.

Long-term disability insurance replaces a portion of your income when this happens. Most people have this coverage through an employer's benefits plan, though some purchase individual policies directly from insurers.

To qualify for benefits, your condition must meet the specific definition of “total disability” in your policy. Many policies first assess whether you can perform the duties of your own occupation. After a set period, they may apply an “any occupation” standard, meaning insurers evaluate whether you are capable of any job based on your education, training, and experience.

Understanding how your policy defines these terms can directly affect the decisions you make about your claim. 

Long-Term Disability Eligibility

Qualifying for long-term disability benefits depends on the wording of your policy. While every plan is different, approval generally requires demonstrating that:

  • your medical condition meets the policy’s definition of “disability.”
  • your condition is not excluded under the policy (for example, pre-existing condition clauses or other listed exclusions).
  • your disability prevents you from performing the essential duties of your occupation, particularly during the initial benefit period.
  • If the policy shifts to an “any occupation” definition, your condition prevents you from working in a role that matches your education, training, or experience.
  • you have satisfied the required waiting period before benefits become payable.

Insurance policies are detailed documents. Small differences in wording can alter how eligibility is evaluated. Understanding how your policy applies to your situation is an important first step.

You may receive a denial letter filled with policy language that is difficult to interpret. Insurers may rely on file reviews or independent medical assessments that conflict with your treating physician’s opinion. In some cases, insurers conduct surveillance or rely on internal assessments that differ from your doctor’s findings. Claims may also be delayed while additional documentation is requested or reassessed.

Long-Term Disability Process

Whether you’re applying for LTD, preparing for an “any occupation” review, or dealing with a denial, the steps below outline the typical process and how we help at each stage.

Important: Before filing an internal appeal, seek advice. The insurer that denied your claim handles the appeal.

  1. Review the policy and paperwork (forms, medical, and employer documents).
  2. Clarify your options (appeal vs legal action, deadlines, next steps).
  3. Build the evidence (medical support, functional limits, vocational impact).
  4. Pursue resolution (insurer negotiations or litigation, if needed).

You do not have to manage insurer correspondence, deadlines, or complex policy terms on your own. We deal directly with the insurer and handle the process while you focus on your health - and there are no upfront legal fees.

Testimonials.

It is an honour to represent our clients and their families to help them come to a resolution, and we are grateful to have played a part. It is their stories of resiliency that inspire us to continue advocating on behalf of injured victims. Here are their stories, and we hope they inspire you.

  • The Barnes-Sutherland Family

    There are no words to express the overwhelming feeling of gratitude our family has for this team. This has been a long fight for Noah's future. We could not have been more blessed to have you all in o...
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  • The Thomson Family

    "During a very trying time and after contacting numerous law firms with no response, the moment we spoke to Bernie we felt like we were in the right hands."
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Disability Claims We Handle

Long-term disability is not limited to visible injuries. If your condition prevents you from performing the essential duties of your occupation, you may qualify for benefits, even if your diagnosis is not readily apparent.

We assist clients with claims involving:

  • Long-Term Disability Denials
  • Long-Haul COVID Claims
  • Fibromyalgia & Chronic Pain
  • Mental Health Conditions
  • Post-Cancer Disability
  • Neurological Conditions
  • Cardiac Conditions
  • Diabetes and Related Complications
  • Physical Injury

Insurance companies often scrutinize claims involving chronic pain, mental health conditions, and fatigue-related disorders particularly closely. These cases require strong medical evidence and a clear understanding of how policies are interpreted.

Long Term Disability Lawyers

At Gluckstein Lawyers, we meet clients during one of the most challenging periods of their lives. When illness or injury disrupts your ability to work, the uncertainty can feel overwhelming. You deserve clear guidance and reliable support.

Our long-term disability team draws on decades of experience in serious personal injury and insurance litigation. We understand how disability policies are interpreted, how insurers assess claims, and how to respond when benefits are denied, reduced, or terminated.

The lawyers in this group have extensive courtroom and appellate experience, have served as lead counsel in complex cases across Ontario, and have represented clients before the Superior Court of Justice, the Court of Appeal, and administrative tribunals. That depth of experience informs every LTD claim we handle.

Our work is measured and strategic, focused on ensuring you understand your rights and on pursuing the benefits available under your policy.

Recognized leaders in the complexities of long term disability cases


Before You Decide What to Do Next, Get Clear Advice.

Tell us what happened. We will review your situation and explain where you stand - clearly and honestly.

Frequently Asked Questions

Who Can Apply for the Canada Disability Benefit (CDB)?

To be eligible for the Canada Disability Benefit (CDB), the applicant must be between 18-64 years old, be approved for the Disability Tax Credit, and have filed income tax returns in the previous year.

Do I need to be under continuous medical care to receive long-term disability benefits in Ontario?

Yes, to qualify for and continue receiving LTD benefits in Ontario, most insurance policies require you to remain under regular, ongoing medical care for your disabling condition. This demonstrates that you are actively seeking treatment and complying with medical advice to improve your health or manage your condition.

How long does it take to resolve a long-term disability lawsuit in Toronto?

The timeline for resolving an LTD lawsuit in Toronto can vary depending on several factors, including the complexity of the case, the responsiveness of the insurance company, and whether the matter is settled out of court or proceeds to trial. On average, LTD lawsuits typically take 1 to 3 years to resolve.

How is long-term disability insurance different from WSIB benefits in Toronto?

When it comes to benefits related to disability and workplace injuries, there is often some confusion between Long-Term Disability (LTD) benefits and Workplace Safety and Insurance Board (WSIB) benefits. LTD benefits are insurance payments provided for individuals unable to work due to non-workplace-related illnesses or injuries and are typically included in employee group benefits plans or purchased privately. WSIB benefits are compensation programs administered in Ontario for workers injured or made ill due to workplace-related incidents, offering support without requiring proof of fault.

Is there a maximum amount of long-term disability benefits I can receive in Toronto?

Yes, there is typically a maximum amount of long-term disability (LTD) benefits you can receive in Toronto, as it depends on the terms of your specific insurance policy.

Can I apply for long-term disability benefits in Toronto if I’m already receiving short-term disability?

Yes, you can apply for long-term disability (LTD) benefits while you are still receiving short-term disability (STD) benefits. Many disability insurance plans are designed to transition seamlessly from short-term to long-term coverage, ensuring continuous financial support if your condition prevents you from returning to work.

What happens if I delay disputing an insurance company’s denial of long-term disability benefits?

If you wait too long to challenge an insurance company’s denial of your long-term disability benefits, you could lose your right to sue the insurer. This is one reason, among many, why it is essential to contact a lawyer immediately following a denial or termination of benefits.

Can a long-term disability insurance company make me see a doctor they choose for a medical assessment?

Before a lawsuit starts, an insurance company is usually entitled, by the terms of the policy, to request reasonable medical examinations in order to substantiate or refute a claim of disability. 

However, this right has limits. You can ask for help in traveling for an assessment. This includes transportation, meal costs, and overnight hotel stays. 

Even after a lawsuit begins, the insurance company can set up medical assessments. The Rules of Civil Procedure, which dictate how lawsuits are to be conducted, allow specifically for this. 

If I start a long term disability lawsuit, will I have to go to court?

The majority of lawsuits settle without going to court. Settlements, not court trials, are typically the preferred way to resolve LTD claims, wherever possible, because: 

  • Settlements allow the parties to control the outcome of the case and therefore achieve certainty as to outcome, rather than leaving an uncertain outcome to the courts. 
  • Settlements can be reached at any time, rather than the parties having to await a potentially costly trial that can be many years away. 
  • Settlements remove the risk that the losing party will have to pay the winning party a substantial amount of money in legal costs. 

One crucial, but often overlooked, reason for settlements is that they can include money for future LTD benefits. Trial judges cannot force an LTD insurer pay benefits for the future. Rather, judges only have the power to order the payment of past LTD benefits and interest if the insurer is found to have wrongly denied benefits. Judges can also order the reinstatement of LTD benefits based on the contract terms. Those terms typically speak only to current, not future, entitlement for which the claimant must continuously qualify. 

How long do I have to file a lawsuit if my long-term disability claim is denied in Ontario?

If your insurance company denies your long-term disability benefits claim, you should immediately talk to a lawyer. Most policies require that you bring your objection to the insurer within 30, 60, or 90 days. 

Policies may require that a lawsuit for denial of benefits be commenced within a year of the denial. The provincial limitations statute that applies to long-term disability insurance claims, however, will typically allow you up to two years to sue the insurer from the denial date. To avoid a problem in this regard, it is best to consult with a lawyer as soon as you are notified by your long-term disability insurer that your benefits claim is denied or is being terminated. 

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