Recognized leaders in the complexities of long term disability cases.
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.
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.
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.
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.
- Review the policy and paperwork (forms, medical, and employer documents).
- Clarify your options (appeal vs legal action, deadlines, next steps).
- Build the evidence (medical support, functional limits, vocational impact).
- 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.
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.
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.
Frequently Asked Questions.
How Much Money Can I Get From My Long-Term Disability Benefits?
The amount of money you can receive from Long-Term Disability (LTD) benefits in Ontario is influenced by various factors, including the terms of your specific LTD policy, your pre-disability earnings, and the duration of your disability. Here are key points to consider regarding LTD benefits in Ontario:
- Percentage of Pre-Disability Earnings: LTD policies typically provide a percentage of your pre-disability earnings as benefits. This percentage can vary but commonly ranges from 50% to 70% of your pre-disability income.
- Maximum Benefit Amount: Most LTD policies have a maximum monthly benefit amount, which caps the total benefits you can receive each month. This maximum amount is determined by the terms of your policy.
- Duration of Benefits: The duration for which you can receive LTD benefits varies and is specified in your policy. Some policies provide benefits until retirement age, while others have a limited benefit period (e.g., two years, five years).
- Integration with Other Benefits: LTD benefits may be integrated with other disability benefits you receive, such as Canada Pension Plan Disability (CPP-D) benefits or workplace pensions. The total amount you receive from all sources may be subject to offsets or reductions.
- Tax Considerations: LTD benefits in Ontario are generally considered taxable income. However, if you paid the premiums for the LTD policy with after-tax dollars, a portion of the benefits may be tax-free.
- Cost-of-Living Adjustments: Some LTD policies include cost-of-living adjustments to account for inflation, ensuring that the purchasing power of your benefits is maintained over time.
- Return-to-Work Provisions: Many LTD policies include provisions for partial disability benefits if you can return to work on a part-time basis or in a reduced capacity. These provisions may affect the amount of benefits you receive.
To determine the specific amount of money you can receive from LTD benefits in Ontario, it is essential to review your LTD policy documents, understand the terms and conditions of the policy, and consult with the insurance provider or a legal expert specializing in disability insurance claims. They can provide detailed information on benefit calculations, limitations, and any additional factors affecting the amount of LTD benefits you are eligible to receive.
We take these cases on contingency, so there are no upfront fees. We're only paid if we win or your claim settles successfully. Contact us to schedule a free consultation and get clarity on your options.
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