Our Hamilton Disability Lawyers have been helping the disabled in Hamilton and surrounding areas since 1984. Matt Lalande and Karen Camporese have recovered millions for Hamilton claimants who have been Wrongfully Denied their Long-Term Disability Benefits. Remember, our consultations are ALWAYS and you will never pay our lawyers upfront.
You’ve paid your long-term disability premiums on every single paycheque, and now your disability insurance company has cut off or denied your long-term disability benefits. We understand that you don’t know where to go or where to turn. You don’t know who to talk to or who to hire to help. Our Hamilton Disability Lawyers understand that you might not know if the “internal appeal” is the best thing. We understand that you are frustrated that your adjuster has seemingly created an adversarial relationship or worse – no one is responding to your worries, questions or concerns – and now you’re left without income.
It’s important to know that as a disability claimant who’s been denied long-term disability benefits, you are fully entitled to hire your own Hamilton long-term disability lawyer to help get your benefits back on track and get you the compensation you deserve. If you’ve been denied your long-term disability, it’s important that you contact our Hamilton Disability Lawyers as soon as possible. We can provide the help you need to get the disability benefits you deserve. Contact us for more information or to schedule an appointment with our firm. Call us today, toll-free, no matter where you are in Canada at 1–844-DISABILITY or fill in a contact form on our website and we will be happy to get right back to you.
You have the Right to hire your own Hamilton Disability Lawyer
Yes our Long-Term Disability Lawyers are local in Hamilton. Our Disability Law Firm head office is located at the corner of King and James in the CIBC tower. From our head office, we serve disability claimants in Hamilton and throughout Ontario and Canada.
Yes – the last thing you need while you are not working and cut-off your long-term disability benefits is another bill to pay. We understand that you are more likely than not experiencing profound financial difficulties as a result of your disability benefits getting denied or terminated. You may now find yourself trapped in a vicious cycle of financial strain, which can exacerbate your physical and mental health issues and leave you vulnerable to further hardships. This is why our Hamilton Long-Term Disability Lawyers never charge individuals to discuss their long-term disability issues. Our consultations are 100% free, always. Our Hamilton Disability Lawyers will take all the time you need to talk about your case, and provide you with legal options that you can understand – and put you in a better place to make well-informed decisions about whether to go forward with a case, or not.
The medical conditions which we routinely assist with our reference at the bottom of this page. We routinely assist claimants with cancer disability claims, mental health disability claims, chronic illness disability claims and injury disability claims.
What are contingency fees? Contingency fees are a common form of payment arrangement that benefits people who do not have the financial means to pay advanced lawyer’s fees. This kind of fee structure puts the risk of success on the lawyer where they only receive payment for their services if they win your case. It also eliminates any out-of-pocket costs to you, as the lawyer will take their fee at the end of the case when other funds become available, such as a settlement or court award. By having an arrangement like this put in place, clients can be rest assured knowing their legal representation will fight diligently for them to obtain a successful outcome.
Do I owe anything if I lose the case? No. If we do not win your case, we will not charge you any legal fees.
How are contingency fees calculated? When a settlement or Court verdict is favorable to the client, the lawyer’s fee is calculated as a percentage of the total amount obtained. The contingency fee percentage can be discussed between lawyer and client prior to engagement and will typically range from 25-33.3%.
Are contingency fees negotiable? – In most cases not really – the cost of litigating a disability claim is extremely expensive and takes an exceptional amount of resources to move a case to and through trial. Before signing any contract, you and your lawyer must agree upon the percentage of the fee that will be charged in the event of success. This percentage typically ranges between 25% and 33.3% depending on the complexity of the case and other factors. After a settlement or court ruling has been achieved, your lawyer will be paid out accordingly. It is essential that this agreement is discussed thoroughly and understood clearly before contract signing to avoid unforeseen expenses or issues down the line.
Adjusters often also deny disability claims based on digital media investigation. When someone with a disability files an application for long-term disability benefits, they should expect that disability insurance companies will investigate their social media accounts to determine whether or not their profiles are consistent with their medical complaints.
Your insurance company may be saying that you do not suffer a “total disability” because that is the language which is used in many disability insurance policies to define and determine whether or not a claimant is entitled to disability benefits. The terms are contractual definitions that unfortunately – disability claims adjusters almost take literally.
Typically, “total disability” in the context of long-term disability insurance can mean two things. Firstly, most long term disability policies in Canada will consider a person to be totally disabled in the first 24 months (2 years) of benefit payments if he or she cannot perform the substantial duties of his or her “own occupation” satisfactorily. Even in cases where an individual is able to independently handle minor aspects of the job, he or she can still be considered totally disabled if the substantial duties of his or her own job cannot be completed. This is referred to as total disability of your “own occupation” – or your adjuster might have mentioned the words “own occ”.
You do not! Whether it’s online by Zoom or Facetime or on the telephone, we have the technology and are able to connect with you about your situation remotely. It’s been our experience that it doesn’t take us much time to make a determination as to whether or not your long-term disability insurance provider unreasonably denied or cut off your benefits. We are happy to schedule a free consultation with you to discuss your situation. If we believe that you have a legitimate case, we are more than happy to meet with you by Zoom, Facetime or Google Meet whenever you need. Our Hamilton disability lawyers also have the technology to serve clients remotely – from the start to the finish of their case. In addition, you can have access to your files digitally, and any and all signatures or anything other thing we need from you can certainly be done remotely – quite simply, by way of simply video conference and digital documentation signing.
If you become unable to work because of an injury or an illness, and have access to long term disability benefits you may have already found that either filing a long term disability claim or dealing with a disability denial can be a frustrating and complicated process – but remember. Matt Lalande and the lawyers at Camporese Lalande are here to help. Our Hamilton disability lawyers understand that disability claims are complex cases with a lot of moving parts – and trying to fight your disability insurance company on your own is never a good idea. Disability insurance companies know that it is very difficult for most people to understand how to properly apply for and appeal a disability insurance claim – and in the end, know that you have no recourse against them unless you hire an experienced lawyer to fight for you.
Remember – whether you’ve been denied long-term disability from an individual policy or group policy provided to you through your employer, you have legal rights. Our disability lawyers have earned the respect of disability insurance companies all over Ontario because they know that we are dedicated, organized and passionate about what we do. The first step after being denied long-term disability benefits is to call our Hamilton disability lawyers today to book your free consultation and to discuss how we can help get your benefits back on track.
If you have been relying on long-term disability benefits because you unable to work, you may have already found that dealing with your disability claims adjuster can be a frustrating and complicated process. The spying on you and your family, the constant overriding of your doctor’s medical advice, the refusal to request all of your medical records to make an informed decision, sending you to so-called “independent” medical examinations by doctors who are paid by your disability insurer and dealing with insensitive and condescending disability claims adjusters – we’ve seen it over and over again. Then, the process is even more frustrating and complicated if an insurance company has wrongfully denied your claim.
Our Hamilton Disability Lawyers understand our clients’ challenges that come with dealing long-term disability insurance claims and dealing with a disability claim denial, and challenging a benefit underpayment. We know that such cases require attention to detail and focus on key issues. We understand that insurers have a financial incentive to deny your claim and will use any and every tool at its disposal to deny your claim but we also know how to fight back, and we regularly fight for people just like you. We understand disability law, how to best present a legal disability claim, what medical information and medical experts that will best assist with your case, and how to try your case if your claim is denied altogether.
Long Term Disability benefits lawyers Matt Lalande and Karen Camporese are their disability insurance team are here to help. Our consultations are 100% free – and if you decide to work with our Hamilton disability lawyers, the fee is free. We do not charge our clients anything unless we win their case. We are happy to provide you the legal advice you need in order for you to make an informed decision about your own particular situation. Call us no matter where you are Nationwide at 1-844-4-DISABILITY, or alternatively, you can send us a confidential email through our website – and we would be happy to explain your long-term disability rights and legal options to you, at no cost.
IF YOUR BENEFITS HAVE BEEN DENIED WE CAN HELPstart your case844-434-7224
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We understand that this is a confusing time and you may be upset. However, if you’ve been cut off or denied your long-term disability benefits, its essential to get legal advice from a disability lawyer now. Remember that you may still be entitled to your monthly benefits even though they have been denied.
We do not! Our head office is based in Hamilton and we serve disability claimants all over Ontario and throughout Canada. We serve nationwide.
Speaking with our Ontario disability lawyers is ALWAYS free. We never ask for payment upfront.
Generally most disability policies have a change of definition. During the first two years of being on disability, a claimant only needs to be substantially disabled from performing the regular duties of his or her own job, but this definition is often changed after two years. After two years, a claimant must be totally disabled from any employment for which he or she has training and background in order to qualify for disability benefits. Essentially, definition changes make it more difficult for claimants to obtain disability benefits and, that’s when most disability carriers cut claimants off the plan.
Absolutely. We understand that you might be uncomfortable, especially if you suffer from anxiety or another debilitating mental illness. We represent disability claimants all over Ontario, and are more than happy to meet you via Zoom, Google Meet or Facetime. Also, our office technology is set up to allow for remote file and digital signature access, so our lawyers are fully operational remotely.
This may depend on the particulars of your case. When a disability lawsuit is filed, you are asking that a Judge declare you “totally disabled” according to the definition of your disability policy – and that is the focus. There are times, however, when we can work with your disability carrier to settle your case.
That depends. If you paid the premium, then no, they are not.
A majority of LTD disability policies require a claimant to apply for CPP disability. Most LTD carriers will request that a claimant applies for CPP disability after two years of disability payments. Your LTD insurance company then gets to set off or withdraw your CPP monthly payment from the total sum of long-term disability payable to you.
It all depends on your disability policy. However, many policies do state that the following may be deductible or offset:
1. Severance packages
2. Ontario Works benefits
3. Ontario Disability Support Plan (ODSP)
4. Workplace Safety Insurance Board (WSIB) benefits
5. Employment Insurance (EI)
6. Financial Gifts
Generally, disability policies contain a condition that says that a person is eligible to receive benefits if he is not able from working at his own occupation for the first two years. This is known as the own occupation (“own occ”) period. After the first two years, the standard changes to a more difficult definition, requiring the individual to be disabled from performing any occupation for which he is reasonably suited (wording like “qualified, or could become qualified for, by reason of education, training or experience”). This is known the any occupation (“any occ”) period. Since the test for the own occu period is less onerous, and the insurance company’s potential exposure is lower, insurance companies will often pay benefits during the own occ period, but resist paying benefits into the any occ period. In the latter period the potential payout, especially for a young person, could be significant. Before the “own occ” period expires, the insurer may send the insured to one or more independent medical examinations (IMEs) in order to obtain medical evidence that would support terminating the claim at the end of the own occ period or conduct surveillance.
Yes our Disability Law Firm is located at the corner of King and James in Hamilton. From here we serve disability claimants in Hamilton and throughout Ontario.
Matt Lalande has been representing disability claimants since 2003.