PEI Long-Term Disability Lawyers

An LTD termination letter on Prince Edward Island starts a two-year clock. The letter says the medical information no longer supports total disability, sets an end date a few weeks away, and invites you to appeal within ninety days. What it does not say is that the Statute of Limitations, RSPEI 1988, c S-7 started a two-year clock the day it was signed, and that the appeal it invites does not stop that clock. A PEI long-term disability lawyer reads the letter as the beginning of a lawsuit.

Most Island Plans Switch to the Any-Occupation Test at Twenty-Four Months

Almost every group plan sold on Prince Edward Island pays for the first twenty-four months if you cannot do your own job. After that it pays only if you cannot do any job that fits your education and experience. The termination arrives with a vocational report listing positions in Charlottetown or Summerside that the report says a person with your restrictions could hold. A dispatcher. A parking attendant. A call-centre agent. The report never asks whether anyone is hiring, whether you could get through a shift, or whether you could keep the job for a month. The answer is a vocational opinion of your own, built on the Island’s real labour market, and the treating specialists’ evidence on what your restrictions are.

Insurers Terminate on Conditions That No Scan Shows

Chronic pain, fibromyalgia, post-concussion syndrome, depression and anxiety share one feature. No scan shows them. Insurers call that a lack of objective evidence and terminate on it. The Supreme Court of Prince Edward Island, like every court in the country, accepts a treating physician’s clinical findings as evidence of disability, and a file reviewer who never met you does not outrank them. Surveillance, a video of you carrying a bag of groceries or sitting at a child’s hockey game, is answered with the medical record of what the next day looked like.

What a PEI Long-Term Disability Lawyer Gets Back

The benefits owed since the cut-off, with interest. A settlement for the future, as a lump sum or a declaration that payments resume. Where the handling was unreasonable, damages for the distress caused and punitive damages. Most Island files resolve at a settlement conference once the medical evidence is in order.

CPP Disability, WCB PEI and Section B Are Deducted From the Plan

Nearly every plan makes you apply for Canada Pension Plan disability and subtracts what it pays. A CPP approval is also evidence in your favour. Insurers deduct WCB PEI benefits and Section B weekly indemnity after a crash as well. Coordinating the three so the offsets do not open a gap is part of what the Charlottetown office does. Aodhan Murphy runs the Island’s disability files.

Should I File the Insurer’s Appeal First?

Only if the two years leave time and you have something new to add. An appeal that repeats the same records buys the insurer months and buys you nothing.

My Employer Terminated Me While I Was on Claim.

That termination is a separate claim against the employer, and the disability claim continues. The settlement terms need to be assessed together so that settling one does not release the other.

Will I Have to Pay Tax on a Settlement?

If your employer paid any of the premium, the benefits are taxable and the settlement is structured with that in mind. If you paid the whole premium, they are not.

The CPP disability decision and the firm’s long-term disability guide cover the policy language common to every Atlantic plan. The rest of the firm’s claim types 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 Charlottetown office opens the file. Contact the firm, or read what the firm can do.