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. 

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 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).
  1. Clarify your options (appeal vs legal action, deadlines, next steps).
  1. Build the evidence (medical support, functional limits, vocational impact).
  1. 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.

 

 

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.

Learn how we help those affected by Long Tern Disabilities

  • 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...
    Continue Reading

  • The Thibaudeau Family

    "By the grace of god, we met Charles. They are professional, empathetic, kind, understanding, and the BEST at what they do. Thanks to Charles at Gluckstein and Olivia’s determination and gumption, Oli...
    Continue Reading

  • 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."
    Continue Reading

  • The Jennings Family

    The Gluckstein team was there for us every step of the way after our baby’s catastrophic birth injury. At one of the most difficult times of our lives, we were reassured by our lawyers’ deep...
    Continue Reading

View All Our Testimonials

Recognized leaders in the complexities of long term disability cases

gluckstein-lawyers-recognized---2024-canadian-legal-lexpert-directory.tmb-thumb300 1

Feb 14, 2025, 16:30 by JT Kent
Previous image Next image
Back to all images
Infant holding IV lines

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.

View all our expertise

Long Term Disability Lawyers

 

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

View All Our Team

Compassionate Legal Advocacy When You Need It Most.

As a long-standing expert in the areas of birth injury and birth trauma law, Richard Halpern champions compassionate advocacy through his legal expertise by advocating for families with empathy, dignity, and a deep commitment to seeking justice.

Tell us about your situation

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.

What is Hypoxic Ischemic Encephalopathy (HIE)?

Hypoxic Ischemic Encephalopathy (HIE) is a brain injury caused by oxygen deprivation (hypoxia) and reduced blood flow (ischemia) to the brain, typically occurring around the time of birth. HIE can be caused by factors such as complications during childbirth, umbilical cord issues, placental abruption, maternal infections, fetal distress, or other conditions that restrict oxygen supply to the baby's brain.

What are the long term effects of birth injuries?

Birth injuries can have lasting effects on a child's health and well-being, leading to various long-term consequences such as:

  • Physical Disabilities: Birth injuries like cerebral palsy, Erb's palsy, or brain damage can result in long-term physical disabilities that may affect mobility, coordination, and overall physical function.
  • Cognitive Impairments: Some birth injuries can impact cognitive development, leading to learning disabilities, developmental delays, or intellectual impairments that persist into adulthood.
  • Emotional and Behavioral Challenges: Children who experience birth injuries may face emotional and behavioral challenges such as anxiety, depression, attention deficit hyperactivity disorder (ADHD), or other mental health conditions.
  • Chronic Health Conditions: Certain birth injuries may predispose individuals to chronic health conditions like epilepsy, respiratory problems, vision or hearing impairments, and other ongoing medical issues.
  • Social Impact: Birth injuries can influence social interactions and relationships, potentially leading to feelings of isolation, difficulties forming connections, or challenges in social integration.
  • Educational Needs: Children with birth injuries may require specialized educational support, individualized learning plans, or assistive technologies to accommodate their unique needs and facilitate academic progress.
  • Financial Burden: The long-term effects of birth injuries can impose a significant financial burden on families due to healthcare expenses, therapy costs, assistive devices, and ongoing care requirements.

Understanding the potential long-term effects of birth injuries is essential for parents, caregivers, and healthcare providers to ensure early intervention, appropriate treatment, and necessary support to help children thrive despite the challenges they may face. If you suspect that your child has suffered a birth injury, seeking medical evaluation and legal guidance promptly can help address the long-term implications effectively.

Who can be sued for a birth injury caused by medical negligence?

In cases of birth injury resulting from medical negligence in Ontario, various entities may face legal action, including:

  • Healthcare Providers: This category encompasses obstetricians, midwives, nurses, and other healthcare professionals directly engaged in prenatal care, labor, or delivery services.
  • Hospitals or Medical Facilities: The institution where the birth injury occurred could be deemed liable, particularly if their policies, practices, or inadequate equipment contributed to the negligent circumstances.
  • Medical Staff: Individual healthcare workers whose actions or oversights led to the birth injury can be held accountable.
  • Pharmaceutical Companies: If medication or medical devices played a role in the birth injury due to defects or improper use, pharmaceutical companies might be implicated in the legal proceedings.
  • Third Parties: External entities such as medical equipment manufacturers, maintenance contractors, or other involved parties in the birthing process that contributed to the negligence leading to the birth injury.

To ascertain responsibility in cases of birth injury caused by medical negligence, a comprehensive investigation, legal acumen, and collaboration with medical experts are essential. If you suspect that your child has suffered a birth injury due to medical negligence, seeking guidance from a specialized birth injury lawyer in Ontario is recommended. They can assess your situation, identify the responsible parties, and assist you in navigating the legal process to pursue rightful compensation

Why should I hire an Ontario birth injury lawyer?

Hiring a birth injury lawyer in Ontario can be crucial for several reasons:

  • Legal Expertise: Birth injury cases can be complex, and an experienced lawyer specializing in this area understands the laws and regulations specific to birth injuries.
  • Maximizing Compensation: A skilled lawyer can help you seek the maximum compensation you deserve for medical expenses, ongoing care, pain and suffering, and other damages.
  • Investigation and Evidence Gathering: A lawyer can conduct a thorough investigation, gather evidence, and consult with medical experts to strengthen your case.
  • Navigating the Legal Process: The legal process  can be overwhelming, but a lawyer will guide you through each step, ensuring your rights are protected.
  • Peace of Mind: By entrusting your case to a knowledgeable lawyer, you can focus on your family while knowing that your legal matters are in capable hands.

What is the deadline for filing a birth injury claim?

In Ontario, there are limitations on how long you have to file a birth injury lawsuit, known as the statute of limitations. It's crucial to consult with a lawyer promptly to understand your legal options and ensure timely action is taken to protect your rights.

For personalized guidance on your specific situation, we recommend reaching out to a reputable birth injury lawyer in Ontario for a consultation.

What type of cases do birth injury lawyers take on?

Birth injury lawyers in Ontario handle a wide range of cases, including but not limited to:

What is a birth injury lawyer?

A birth injury lawyer is a legal professional who specializes in cases where an infant has been injured during the birthing process due to medical negligence or malpractice. These lawyers have a deep understanding of the complex medical and legal issues involved in birth injury cases and work to help families receive compensation for the physical and emotional damages suffered. Birth injury lawyers can assist with cases involving various types of birth injuries.

If you're considering a medical negligence lawsuit following a birth injury, a specialized lawyer in this field can provide meaningful advice and direction after reviewing the medical records and the specifics of the case.

What are common examples of nursing errors?

Common nursing errors include medication mistakes, improper documentation, failure to monitor patients, obstetrical monitoring errors, and neglecting to inform the medical team when needed. These errors can lead to serious consequences, highlighting the importance of proper care and communication in healthcare settings.

When is it not appropriate to use forceps or vacuum extraction?

Forceps and vacuum extractions are not recommended: for women less than 34 weeks pregnant; when the baby has a condition affecting bone strength; when the position of the baby’s head is not known; when the head had not reached and passed the midpoint of the birth canal; when the baby’s arms, feet, shoulders or buttocks are leading the way down the birth canal.

View All Our FAQs

Blog & News

View more resources