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

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Recognized leaders in the complexities of long term disability cases


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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.

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.

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.

Frequently Asked Questions

What other expenses are involved in an LTD claim?

Apr 3, 2025, 14:49 PM
Learn about LTD claim expenses, including medical records and filing fees. Understand what costs are recoverable and your responsibilities in a claim.
Title (Question) : What other expenses are involved in an LTD claim?
SEO Title : Understanding LTD Claim Costs & Disbursements
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SortDate : Apr 3, 2025, 14:49 PM

Apart from legal fees, every case requires that the law firm incur certain expenses. Most expenses in an LTD claim are incurred in obtaining necessary information, including medical records, expert assessments, and reports from physicians and other healthcare providers. 

Other expenses will include court filing fees, process serving fees, and mediator fees. At the conclusion of a successful claim, we will seek to recover the above-mentioned expenses, known as ‘disbursements’, from the insurer. You will be responsible for the portion of expenses that are not recoverable from the insurer. Those expenses will be charged against your settlement or judgment. 

If we are unable to recover compensation for you, you will not be charged expenses.

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