You Are Almost at the Two Year Limit of Your LTD Claim – Now What?

December 22, 2020, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

The relief you felt when your LTD claim was finally approved was incredible. You knew you’d have a secure income while you were trying to recover from your injuries or illness, and you could concentrate on getting better instead of worrying about all the unpaid bills. You could get the treatments and medications you needed. A weight was off your shoulders.

What now though? At first 24 months seemed like ample time to get well, but now as you approach month 24 of your claim you need to begin paying attention to your end date and make some preparations. There are distinct legal definitions in insurance policies that can impact you.

The first thing you need to be aware of is that most disability policies change their definition of disability at the 24-month point. Until month 24 the classification of your disability benefit was likely ‘your own occupation’ and after 24 months it becomes ‘any occupation’. This may well negatively impact your insurance benefit.

The ‘own occupation’ definition refers to the fact that you are not able to perform the essential duties of the job you had when your LTD benefits were approved. The ‘any occupation’ definition refers to the fact that you are substantially or totally disabled and are unable to work in any job that you have the necessary skills, education, or training for. This is a much wider range of jobs and this definition is often used to force people to return to work by terminating their benefits.

If you are approaching the 24-month mark and feel you are unable to return to work due to your disability you should hire an experienced personal injury lawyer who will help you make your case. Don’t let the insurance company decide what’s best for you. Let the medical professionals and other experts make your case.

In cases of serious injury from car accident or workplace accidents, you may not be fully recovered. You likely want to return to work but the sad reality is that you are not physically or emotionally ready yet. Knowing that your insurance company will cut off your benefits causes more stress in your life and can set recovery back significantly if your treatments must stop and you need to go back to work.

Your insurance company may pressure you to attend evaluations, they may put surveillance on you, and investigate your social media and other public information to make the case you are ready to return to work. It is in their financial interest to stop paying your benefits and to force you to go back to work.

Even if you and your medical professionals agree that your disability continues to prevent you from returning to work your insurer may pressure you to go back. If you can’t do your original job they can force you to accept lower-paying lower-skilled work even on a part-time basis. They may even threaten to cut off benefits or just cut them off altogether.

If you find yourself in this situation – your benefits are coming close to ending and you still aren’t well enough to go back to work then call us today. At Deutschmann Law we have a proven track record of winning the settlements our clients deserve.

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.

It is important that you review your accident benefit file with one of our experienced personal injury / car accident lawyers to ensure that you obtain access to all your benefits which include, but are limited to, things like physiotherapy, income replacement benefits, vocational retraining and home modifications.