Nova Scotia Long-Term Disability Lawyers

Nova Scotia has one of the highest rates of long-term disability claims in the country. The insurers that write the group policies deny and terminate them on a schedule. A Nova Scotia long-term disability lawyer sues on the policy in the Supreme Court. The first thing to settle is the deadline. The letter inviting you to appeal did not stop it.

The Deadline Is Two Years From the Denial

Under the Limitation of Actions Act, SNS 2014, c 35, the claim is discovered when the insurer clearly denies or ends benefits, and the two years run from there. An internal appeal does not pause the period. Neither does a second opinion or a request for more records. Some policies also contain their own contractual limitation, and the courts have enforced it where it was clearly worded. Read the policy and the denial letter together, early.

Nova Scotia LTD Claims Fail Most Often at the Any-Occupation Change

Most terminations happen at the change of definition at twenty-four months, from your own occupation to any occupation. The insurer’s vocational consultant lists jobs a person with your restrictions could supposedly do. The answer is a vocational opinion of your own and the treating specialists’ evidence on what the restrictions really are. Chronic pain, fibromyalgia, post-concussion syndrome, depression and anxiety are denied for lack of “objective” evidence more than any other diagnoses. The Nova Scotia courts have said repeatedly that a diagnosis without imaging is still a diagnosis. Surveillance video of a claimant on a good day is answered with the medical evidence on what a bad day looks like.

The Lawsuit Recovers Arrears, the Future Benefit and Damages for Bad Conduct

The lawsuit recovers arrears from the termination date with interest, and a lump sum or a declaration for the future. Where the insurer’s conduct was unreasonable, damages for mental distress and punitive damages. The Supreme Court of Nova Scotia has awarded both against disability insurers. Most claims resolve at a judicial settlement conference or mediation once the medical evidence is assembled.

CPP, WCB and Section B Are Offset Against the LTD Benefit

Almost every group policy requires a CPP disability application and deducts the CPP benefit. An approval also proves disability under a federal test. WCB Nova Scotia benefits and Section B weekly indemnity after a car accident are offset too. One injury can have three payers. A Nova Scotia long-term disability lawyer coordinates the claims so the offsets do not become a gap.

The Halifax office runs the province’s disability claims. Aodhan Murphy leads them.

The Insurer Says I Can Work at a Call Centre.

The any-occupation test asks whether you could reasonably do a job given your training, education and experience, and whether you could sustain it. It does not ask whether a job title exists. We argue that with evidence, and we usually win it.

My Employer’s Plan Is Self-Insured and Run by an Administrator. Does That Change Anything?

The claim is against whoever owes the benefit under the plan, and the same evidence decides it. Self-insured plans are sued in the same court.

I Was Terminated From My Job While on LTD.

The policy claim continues. The termination raises a separate claim against the employer, in contract or under human rights legislation. The settlement terms need to be assessed together so that settling one does not release the other.

Is My LTD Settlement Taxable?

If the employer paid any part of the premium, benefits are taxable income and the settlement is structured accordingly. If you paid the whole premium, they are not.

Read the firm’s CPP disability decision and long-term disability claims guide, which covers the policy terms common to both provinces. The firm’s other practice areas are listed under 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 Halifax office opens the file. Contact the firm, or read what the firm can do.