Disability insurance is designed to give the working population comfort and peace of mind. Whether you are covered through group or private disability insurance, you expect and rely on the fact that you will receive income replacement assistance from these insurance policies in the event that you become disabled from working.
While some individuals may sustain a disability after an unfortunate event, such as a car accident, slip and fall, or medical malpractice, others may suffer from a chronic illness that worsens over time. No matter how a person’s disability arose, they may be entitled to disability insurance.
Unfortunately, disability insurers often unreasonably deny the payment of benefits to claimants who are legitimately disabled, and whose disabilities are supported and well-documented by their treating health practitioners. Similarly, disability carriers will often prematurely terminate disability benefits while the claimant remains totally disabled, and incapable of performing the duties of his or her own job, or in fact, any job whatsoever.
What can be done if your disability benefits have been denied?
Bogoroch & Associated LLP is committed to litigating cases against disability insurers on behalf of our clients to obtain either a) a declaration from the Court that they meet the test of disability as defined in their respective policies of insurance, or b) payment of arrears. The Court’s conclusion that a claimant is disabled entitles him or her to arrears from the date the insurer terminated the benefits up to the date of trial, and the insurer must also reinstate the payment of benefits as of the date of the trial.
Alternatively we will aim to settle a case before trial by persuading the insurance company to pay a lump sum to the claimant, thereby “cashing out” the policy. The advantage of cashing out is to have closure and you will no longer be required to deal with the insurance company, attend on medical assessments or take other steps required by the insurer on an ongoing basis. Our goal is to attend mediation or settlement meeting with the insurer early on in the litigation in order to negotiate a settlement as soon as possible after a lawsuit is commenced.
Why choose Bogoroch & Associates LLP
The lawyers at Bogoroch & Associates LLP have a proud track record of obtaining exceptional results for individuals whose disability benefits have been denied. Our experiences lawyers will make sure your case is managed effectively and promptly. Our many years of experience and personal commitment will help us help you. No matter how complex your claim, we will provide support, guidance, and advocacy. We will guide you through the litigation process with expert knowledge, commitment and compassion until you get the compensation you deserve, because the only acceptable outcome for us is the best possible settlement for you.
Do you have questions about Disability claims? View our Chronic Pain brochure to learn more.
I really knew I had amazing lawyers once we got into that room. You fought for me and would not back down. I could never articulate how much I appreciate everything you have done for me. I am so grateful for all of your hard work. I count my blessings every day that I found your firm to fight for me.
– Kelly Cook
Without your expertise, understanding, belief in my case; without the care and compassion provided by you and all of your staff, I know in my heart that it would have been impossible for me to survive through the litigation period… When Linda Wolanski called me to tell me that both my short-term and long-term disability had been approved I felt that the worst nightmare of my life had come to an end
– Teresa A. Amaral
If you or a loved one has been denied payment of disability insurance benefits, contact our personal injury lawyers today at 416 599-1700 for a free consultation.
Bogoroch & Associates LLP offers legal services in Toronto, and throughout Ontario, Brampton, Milton, Etobicoke, Markham, Richmond Hill, Scarborough, Mississauga, Ottawa, Vaughan, Hamilton, Burlington, London, and Waterloo. We operate on a contingency fee basis, which means that there are no fees unless we recover money for you.