LTD/STD/CPPD: The mechanics and issues in these claims

Overview

In Ontario, one might find themselves unable to work due to illness or injury and disability insurance exists to provide financial protection for these unfortunate circumstances.

When considering eligibility for disability coverage, physical injury and impairment often comes to mind first. However, individuals who suffer from mental health issues, psychological impairment, or chronic pain can also qualify.

Ultimately, short-term disability and long-term benefits are available to be claimed by anyone who finds themselves unable to work due to illness or injury, as long as they have access to insurance coverage for disability.

CPPD (Canada Pension Plan Disability) benefits on the other hand, does not require insurance coverage, but are available to individuals who meet the CPP contributions requirements.

At the end of the day, STD, LTD, and CPPD benefits all exist to provide financial protection. However, when filing a claim for these benefits, it is imperative to know the distinctions and mechanism behind each in order to ensure eligibility and optimal coverage.

At Gosai Law, we specialize in injury law, and are experienced in assisting individuals who find themselves unexpectedly unable to work to build their case for STD & LTD appeals as well as for CPPD benefits.

Some people will find that their coverage is denied due to the appearance of a weak claim. Our goal is to build a robust case to fight for these claims and to assist individuals in procuring an appropriate sum for compensation. Not only will we fight for the approval of the claim, we will also seek retroactive payments from when the claim was denied.

If you are in the process of filing a claim or have found that a previous claim has been denied, we offer a free consultation in order to gain a view of your specific scenario and to determine next steps in strengthening your claim. Furthermore, we operate on a contingency fee, meaning that you will only be billed for our services in the event of a favourable outcome.

Short Term Disability

Although figures will vary depending on the insurance provider and the policy, generally, STD claims will cover 100% of an individual’s salary and will continue for around 25 weeks. STD insurance can be claimed by anybody who finds themselves unable to work due to illness or injury as long as they have access to insurance coverage for disability.

Long Term Disability

LTD claims generally kick in when STD claims end and will typically cover 55%-70% of an individual’s salary. Again, the waiting periods and figures will vary depending on the insurance provider and policy. Similar to STD claims, LTD insurance can be claimed by anybody who finds themselves unable to work due to illness or injury, and the duration of their STD claim proves to be insufficient.

Canadian Pension Plan Disability Benefit

Although the Canadian Pension Plan (CPP) is offered to those who are above 65 years of age, CPPD is available to individuals of any age. CPPD benefits do not require insurance coverage, but are available to individuals who meet the CPP contributions requirements and can substantiate that they are unable to work at any job that they are feasibly trained for.

Tort Claims

There are scenarios that possess the possibility of a tort claim. A situation can arise where an insurer may have mishandled a claim, or have breached the particulars of the disability contract. As well, there can also be a situation where one discovers that their original injuries were due to a party’s negligence. In any case, you’ll want a team of lawyers that understand all avenues of compensation from disability benefits to tort to analyze and consult the pros and cons of each path.

Our Commitment

Individualized Approach

When it comes to your disability claims, it can seem daunting to figure out and assemble all of the components that are necessary to build a strong case. This is especially true for those who have had their claims previously denied. At Gosai Law, we are committed to gain an understanding of your situation and explore avenues that won’t necessarily be the easiest, but will be most beneficial to your unique case. Some Toronto-area personal injury firms have been publicly criticized for being “referral machines”, this is simply not the case with Gosai Law. When you work with us you are working directly with us.

Maximum Compensation

Our strategies are curated for each individual client matter, with a tested process to yield the best results. We will examine the circumstances of your case to consider setting up a contingency agreement - which means that until your case concludes and you are awarded compensation, you don’t pay until we win. Please let us know if you are interested in working on a contingency basis.

Specialized Expertise

At Gosai Law, we specialize in injury law. As such, we are highly experienced in assisting our clients in building their case for STD & LTD claims as well as for CPPD benefits. You can rely on us to analyze your case from all angles, persistently following up on any new leads and communications to ensure that you are compensated fairly.

Affordable Services

At Gosai Law, we offer free consultations. If you ever find yourself in the unfortunate situation where you are unable to work due to illness or injury, this can affect your financial security (especially if a previous disability claim has been denied). This is why we fight for the maximum compensation - seeking retroactive payments starting on the date in which you begin (or began) filing your claim.

Get In Touch

8770 The Gore Road, Unit 2 Brampton, ON L6P 0B1

Phone: (905) 595-2225

Email: info@gosailaw.com

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Testimonials

Simply put. The team at Gosai Law persevered beyond my expectations to get me much needed compensation in a very difficult time.

- Paul E.

They are very hardworking and dedicated to help out and find solutions that best fit your needs.

- Shiva B.

Recent Settlements

Motor Vehicle Accidents

After being involved in two accidents, our client was diagnosed with chronic pain syndrome, anxiety, and depression.

$500,000

Motor Vehicle Accident

Serious injuries and tearing to the musculoskeletal system required our client to undergo emergency back surgery and were diagnosed with Chronic Pain Syndrome, Anxiety, Depression, and Incontinence.

$400,000

Motor Vehicle Accident

Following a motor vehicle accident, our client suffered injuries requiring the use of anti-inflammatory pain medication, causing GI bleed. Client's pre-existing health condition deteriorated significantly as a direct result of the accident.

$603,542

Motor Vehicle Accident

Client was diagnosed with chronic pain, depression, and anxiety. Following the accident, our client was unable to return to work and was deemed catastrophic by the insurer.

$551,838

Motor Vehicle Accident

Client was diagnosed with chronic pain syndrome, anxiety, and depression.

$815,000

Areas of Practice

You and your legal matter are unique and we work with you to find the best solution to your specific situation. We help people who have suffered from a Personal Injury who are seeking compensation, as well as Family and Real Estate Law matters in these areas: