How Will My LTD Claim Be Handled?

Every effort will be made to attempt to resolve your claim with the insurer as quickly, and as cost-efficiently, as the circumstances will permit. A resolution of your claim can take several forms, including the payment of benefits for a past period, the re-instatement of benefits for the future, or a lump-sum full and final settlement of the entire benefits claim.


In representing you in your LTD claim, I will examine the terms of your disability insurance policy and the insurer's claim file. I will consider the evidence that supports your claim of disability - such as doctors' certificates and medical records - as well as the legal issues that often must be addressed, such as whether the insurer has acted unfairly or in bad faith in the way your claim has been handled or denied.


Can I Afford a Lawyer?

Yes you can! The fees charged by me are "consumer-friendly" and, wherever possible, the particular financial circumstances of the client are considered. Fee retainers are rarely required by me, and the payment of fees is normally deferred until the conclusion of the claim when there is a settlement fund from which the fees are conveniently and directly received.


The amount of the fee ultimately charged will reflect considerations such as the time involved in the file, the complexity of the issues, the extent to which I have financed the development of the file, and the results obtained. In most cases, the fee will not exceed a maximum agreed percentage of the recovery regardless of the amount of time that I have spent on the file. This protects you from "run-away" hourly fees. Where the claim is concluded without any recovery of insurance benefits, the client will not normally be facing a burdensome legal fee and, in appropriate situations, my fee may be waived entirely in my discretion.


Apart from fees mentioned above, every case will require that certain expenses be incurred. Most of the expenses that arise in an LTD claim relate to the obtaining of necessary information to support the claim, such as medical reports. Other expenses are incurred in order to move the case forward, such as the court filing costs of issuing the Statement of Claim that commences a legal action against the insurer where necessary. Therefore, a retainer for ongoing expenses is usually requested; however, it will generally not exceed about $300.00 at any given time. Such a retainer may not be required at all if to do so would place an unrealistic financial burden on the client.


It is most important that you not refrain from consulting with a lawyer because of a fear of legal costs. If I believe that there is potential merit to your claim, legal costs will not likely present an obstacle to your having a lawyer. And, there is no charge or obligation arising from the consultation, regardless of the amount of time required to discuss your LTD claim.