Insurance Law · Long-Term Disability
Has your long-term disability claim been denied or cut off? You pay no fee unless we win. Speak with an experienced disability insurance lawyer and Certified Specialist in Civil Litigation about getting your benefits reinstated.
Free consultation · We respond within one business day · Offices in Toronto, Huntsville and Bowmanville
Denied or terminated LTD benefits?
When illness or injury keeps you from working, long-term disability benefits are what you count on to pay the bills. Insurers deny and terminate valid claims every day, often saying the medical evidence is not enough or that you are able to work. A denial is not the end of the road.
The disability insurance lawyers of Davidson Cahill Morrison LLP act for people across Toronto and the GTA whose short-term or long-term disability benefits have been denied or cut off, with the goal of getting those benefits reinstated or recovering a fair lump-sum settlement. This is part of our insurance law practice, and our guide to reinstating long-term disability benefits is a useful place to start.
Why valid claims get denied
A denial letter is not the same as a final answer, and many of the reasons insurers give do not hold up once they are properly challenged.
The insurer claims your records do not prove you cannot work, even where your treating doctors disagree.
The insurer decides you are capable of some form of work despite your condition and the limits it imposes.
Benefits stop when the policy's test shifts from your own occupation to any occupation (see below).
The insurer relies on surveillance or an insurer-selected medical examiner to dispute your limitations.
Technical denials based on proof-of-claim timelines or missing forms, which can sometimes be overcome.
Conditions the insurer treats as "subjective", such as depression, anxiety, chronic pain and fatigue, are denied despite real impairment.
A turning point most people are not warned about
Most group disability policies change the test for disability partway through a claim, and a large share of terminations happen right at that changeover, usually around the 24-month mark.
During the first period, most policies ask whether your condition prevents you from doing your own job, the work you were actually doing when you became disabled. This is usually the easier test to meet.
After about two years, the test typically shifts to whether you can do any occupation for which you are reasonably suited by your education, training and experience. Insurers often terminate benefits at this point, which makes it a critical time to get advice and updated medical evidence.
Do not let the clock run out
In Ontario, you generally have two years to start a lawsuit, and that clock often begins running from the date your claim is denied. Internal appeals to the insurer do not necessarily pause it. Many people lose the right to sue because they spend months, or longer, in an appeal process while the deadline quietly passes.
Get the denial in writing and speak with a lawyer early, so the deadline that applies to your specific policy and facts can be properly assessed before it is too late.
How we help
We take the fight to the insurer so you can focus on your health.
We review your denial letter and the policy, request your full claim file from the insurer (including adjuster notes, internal medical reviews and any surveillance), and build function-focused medical evidence that addresses the insurer's stated reasons rather than just your diagnosis. We then deal with the insurer directly and, where needed, commence litigation, with the aim of reinstating your benefits and recovering arrears, or negotiating a fair lump-sum settlement. We also act on denied short-term disability claims and assist with CPP disability (CPP-D) applications.
Working with us
Tell us what happened using the form below or by phone, and send us your denial letter if you have it. There is no cost and no obligation.
An experienced disability insurance lawyer reviews your denial and your policy, explains your options, and assesses the strength of your claim.
If we act for you, we protect the deadlines, deal with the insurer, and pursue reinstatement and arrears or a fair settlement.
A proven track record
Our lawyers have recovered benefits and compensation for people whose disability claims were wrongly denied, often without the need for a lengthy trial.
For a teacher near retirement age who left work due to disability. The claim was initially denied and settled shortly after litigation began (2023).
For a professional whose long-term disability claim was reinstated, together with $97,000 in arrears and legal costs, shortly after litigation began (2023).
Past results are not necessarily indicative of future results. Amounts recovered and other litigation outcomes will vary according to the facts of each individual case.
Why clients trust us
We have lawyers certified as Specialists in Civil Litigation by the Law Society of Ontario, a designation granted to lawyers who meet established standards of experience and knowledge.
Since 2018, our lawyers have been recognized in Best Lawyers in Canada for their work in Insurance Law, Medical Negligence and Personal Injury Litigation.
Ranked Tier 1 in Best Law Firms in Canada 2026, with a team that brings courtroom experience to every file.
Hear from former clients in their own words on our testimonials page, or meet the lawyers who would handle your case.
No fee unless we win
A denial of benefits is financially stressful, which is exactly when you should not have to worry about legal bills. We offer competitive, sliding-scale contingency fee representation for long-term disability claims.
Common questions
In Ontario the general limitation period is two years, and for a denied disability claim the clock often starts running from the date of the denial. Importantly, appealing internally to the insurer does not necessarily pause that deadline. Because the exact start date depends on your policy and the wording of the insurer's letters, it is best to have it assessed early rather than risk losing the right to sue.
Internal appeals are run by the same insurer that denied you and are frequently denied again. They can occasionally fix a genuine gap in the evidence, but relying on them can also run down your two-year deadline. A lawyer can advise whether an appeal makes sense in your case or whether starting a claim is the better route, and can make sure the deadline is protected either way.
Most group policies change the test for disability at around the 24-month mark, from whether you can do your own occupation to whether you can do any occupation you are reasonably suited to. Insurers often terminate benefits at that changeover. A termination at this stage can be challenged with the right medical and vocational evidence.
Your initial consultation is free. We act on a contingency fee basis, which means you pay no legal fees unless we recover benefits or compensation for you. If we do not win, you do not owe us fees or disbursements.
It is not about the label of your condition but whether it prevents you from working under your policy's definition of disability. We act on claims involving physical injuries and illnesses as well as mental health conditions, chronic pain and fatigue, which insurers often wrongly dismiss as "subjective".
Many policies require you to apply for CPP disability (CPP-D). If you are approved, CPP-D usually offsets, or reduces, your LTD payment so the two are coordinated rather than paid in full together. We can help with the CPP-D application as well as the LTD claim.
Free consultation
Tell us about your claim and your denial below, with as much detail as you can. We will respond within one business day. There is no cost and no obligation.
☎ 1 (800) 661-7606Speak with our team
Send us your denial letter and tell us what happened, and we will respond within one business day. With offices in Toronto, Huntsville and Bowmanville, we act for disability clients across Ontario, and the consultation is always free.
220 Bay Street, Suite 1400
Toronto, ON M5J 2W4
(416) 360-1194
322 Muskoka Road 3 North
Huntsville, ON P1H 1C4
(705) 788-3740
222 King Street East, Suite 207
Bowmanville, ON L1C 1P6
(289) 316-1301