Personal Injury

Was your disability claim denied because you applied too late?

By Nainesh Kotak

Most short-term disability and long-term disability insurance policies will contain clauses that set our when your claim for disability benefits must be submitted. Sometimes disability claims are denied by insurers on the basis that the application was filed too late.

There are many reasons why people file their claim outside of the insurance policy timelines. For example:

  • your employer may not have provided you with a copy of the policy
  • your employer may not have cooperated in the application process
  • your illness or disability may have impacted your ability to apply
  • your doctor was late in filing out the physician statement

If your short-term or long-term disability claim has been denied because of a late filing of your application your disability lawyer can help. Some remedies include claiming against your employer for causing the delay or claiming relief of forfeiture from your disability insurance company. Relief from forfeiture is an equitable remedy and is provided for in the Ontario Insurance Act.

In deciding whether relief from forfeiture should be granted a court will apply a three-part test and consider:

  • the conduct of the person claiming relief
  • the gravity of the breach (delay in applying)
  • the disparity between the benefit being claimed and the damage to the insurance company caused by the delay.

At Kotak Law, we represent people who have been denied short-term and long-term disability benefits. We work tirelessly on our clients’ behalf. We are approachable and will guide you through the entire process.

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