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Disability Claims | Lawyers Servicing Ontario

Disability Claims | Lawyers Servicing Ontario

Why Retain a Lawyer

Disability insurance is designed to give the working population comfort and peace of mind. Whether one is covered through group or private disability insurance, one expects and relies on the fact that one will receive income replacement from these insurance policies in the event that one becomes disabled, Regrettably 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 frequently 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, cannot work in any capacity whatsoever:

What Can be Achieved by Starting a Lawsuit

Bogoroch & Associates LLP is committed to litigating cases against disability insurers on behalf of our clients with an end to obtaining a declaration from the Court that they meet the test of disability as defined in their respective policies of insurance.The Court’s conclusion that a claimant is disabled entitles him or her to arrears (or”back benefits”) 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 closure, no further requirement to deal with the insurance company, attend on medical assessments and take other steps required by the Insurer on an ongoing basis. Our goal is to attend a 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.

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