New Brunswick Long-Term Disability Lawyers

A long-term disability denial in New Brunswick starts a lawsuit against the insurer. The two-year limitation runs from the denial letter. The insurer’s internal appeal, which it will invite you to use, does not pause it. A New Brunswick long-term disability lawyer files inside the two years and makes the insurer prove its case.

The Limitation Runs From the Denial

Under the Limitation of Actions Act, SNB 2009, c L-8.5, the two years run from the day you discovered the claim, and for LTD the courts treat a clear and unequivocal denial as that day. An appeal letter from you and a “we have reviewed and maintain our decision” from the insurer can take a year between them. Nothing in that year stopped the period. Some group policies also contain their own shorter contractual limitation. We read the policy on the first call.

Why LTD Claims Are Denied in New Brunswick

Most group policies pay for the first two years if you cannot do your own occupation, then only if you cannot do any occupation you are reasonably suited for by education, training and experience. The change of definition at the 24-month mark is where most denials land. Insurers also deny on “insufficient objective medical evidence” for conditions that have no imaging, chronic pain, fibromyalgia, depression and post-concussion syndrome among them, and on surveillance that shows a claimant carrying groceries. We answer each of these with the treating physicians’ evidence, a functional capacity evaluation if warranted, and a vocational opinion on what jobs exist for a person with the claimant’s limits.

The Lawsuit Recovers Arrears, Future Benefits and Bad Faith Damages

The arrears of benefits from the cut-off, with interest. A declaration that benefits continue, or a lump sum for future benefits at settlement. Where the insurer acted in bad faith, aggravated and punitive damages. The claim is filed in the Court of King’s Bench of New Brunswick, Trial Division. Most resolve at mediation once the medical evidence is complete.

CPP Disability, WorkSafeNB and Section B Are Deducted Under Most Policies

Most policies require you to apply for Canada Pension Plan disability and deduct what CPP pays. A CPP approval also helps the LTD claim, because a federal adjudicator has found you disabled from any substantially gainful work. WorkSafeNB benefits and a car-accident Section B weekly benefit are also offset under most policies, so the same injury can involve three payers and one lawyer coordinating them.

The Moncton office runs the firm’s disability practice. Aodhan Murphy leads it.

Should I Use the Insurer’s Appeal Before Calling a New Brunswick Long-Term Disability Lawyer?

Only if the two years leave room, and only with new medical evidence to add. An appeal without new evidence is a delay that costs you time and costs the insurer nothing.

My Doctor Supports Me. Why Was I Still Denied?

Because the insurer’s file reviewer, who has never examined you, disagreed. In court a treating physician’s opinion carries more weight than a paper review. The insurer only has to face that comparison once you sue.

Can I Be Fired While on LTD?

The employment relationship is separate from the policy. A termination while disabled raises human rights and employment questions, and it does not end the LTD claim.

Is the Settlement Taxable?

Benefits under a policy the employer paid premiums for are taxable income; benefits under a policy you paid for yourself are not. The settlement is structured with that in mind.

Read the firm’s long-term disability claims guide and the CPP disability decision. The firm’s other practice areas are listed at injury law areas.

No Fee Unless the Claim Resolves

The first call is free and a lawyer takes it. There is no fee unless the claim resolves. The Moncton office opens the file. Contact the firm, or read what the firm can do.