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Long Term Disability Lawyer: What’s in a Retainer? Here’s an Overview.

We can assist you to make your recovery a smooth transition.

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If you are dealing with a Disability Claim, call the experts at PW Lawyers.

Long Term Disability Lawyer: What’s in a Retainer? Here’s an Overview.

We can assist you to make your recovery a smooth transition.

Long Term Disability Lawyer Retainers

When a lawyer is retained by a client in a long term disability case, an insurance claim lawyer may deal with a benefits claim . At PW Lawyers, our retainer strictly defines the work we will do for you to manage your long term disability case. Since LTD cases can be overwhelmingly complex, it is best to make sure you understand the retainer your lawyer is presenting to you. We’ll walk you through terms of the retainer such that you will have an adequate knowledge to move forward with your claim and your health.

Scope & Changes to Long Term Disability Lawyer’s Retainers

Since some retainers may not be in writing, we encourage you to record every intimate detail about your lawyer’s scope of work if this is not the case. A professional will usually outline his or her retainer in a document such that you have a physical copy. Each change to such a retainer should also be documented, such that if a long term disability lawyer ’s case becomes more complex and falls outside of the scope of the initial disability insurance claim, accident benefits claim, or claim in general, it will be stated in writing and adhered to if included in a contract. For instance, if a lawyer is helping a client with a torn claim and accident benefits claim, the case may not adhere to a long term disability (LTD) claim with an insurer. Our lawyers will do our best to inform you about any misconceptions or misunderstandings – it is in the best of both yours and our interest to do so in order to create a positive, effective working relationship.

Long Term Disability Lawyer-Client Misunderstandings

There are many cases in which clients have misinterpreted the obligations of their disability claim lawyer. Thankfully, at PW Lawyers we will always do our best to help educate our potential clients and have them understand the implications of the retainer and scope of work. It is always best to inform yourself about the possible retainers such that you are not charged extra fees. Many firms in Toronto and the surrounding area have been accused of “double dipping”; charging extra fees that have been illegally placed in the retainer to maximize the client’s payment to the lawyer. Our contracts do not “double dip” – in fact, the Law Society of Upper Canada has praised our retainer as “one of the best [they’ve] seen”.

In all cases – whether it be personal injury , long term disability claims, benefits claims, or denied insurance claims, you should always read the and understand your retainer – we cannot stress this enough. It will help guide your communication throughout the process.

Long Term Disability Lawyers and Communication

Lawyers will always revisit your retainer where the scope of work will change, or when it is appropriate to do so. For instance, if you happen to bring new material to light in the case – perhaps a memory, or a new piece of information such as a printed report, the lawyer may revisit your retainer and change the scope in order to fit the most appropriate course of action. Sometimes your retainer or course of work may be expanded. In other cases, your lawyer may choose to limit their workload with you, if you agree. It is subject to the claim and events that take place.

Some lawyers will not be able to anticipate certain events that may occur during a long term disability claim. That’s why you have to be sure that you have a good one.

PW Lawyers: Toronto Long Term Disability Lawyers

We pride ourselves in providing personalized service, including extensive interviews and preparation for all clients and their witnesses. We believe that preparation is key to effectively, and successfully representing our clients.

Our experienced attorneys are available 24/7 to offer injury victims a free consultation . If you have been seriously injured and would like to speak to an attorney, we will make arrangements to travel to meet you.

Long Term Disability Lawyers’ Glossary & Terms

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Long Term Disability insurance policies protect an employee from loss of income in the event that he or she is unable to work due to illness, injury, or accident for a long period of time.




Getting injured is stressful, you can incur physical and financial loss.
We can assist you to make your recovery a smooth transition.

Disability Claim Denial

Avoid disability claim internal appeals. You do not have to go through the insurance appeal process before you can contact a disability claim lawyer.

Types of Disability Claims

There are many types of Disability Claims based on your insurance package, or lack of insurance package as a result of your employment terms. Here are a few.

What is the ||waiting period||?
A waiting period is the qualifying period the insurance company takes to clarify your policy. This period can range from four months to 52 weeks. However, in some claims, an employee can qualify for early intervention.

An early intervention is when the insurance company gets involved in your claim within a few days of incurring your injury.

What are time limits?
Time limits are the amount of time you have to file your claim. Each and every policy is different. If you occur any delays in your policy, it can change the outcome of your benefits.
What records should I provide?
Your insurance company will request from you a series of documentations for your application. As each insurance company is different, most request the following:
  • A physician statement
  • Employee’s statement
  • Medical information and employer’s statement

*More documents may be required by your insurance company.

What types of disability are covered?
Each coverage varies from policy to policy. Usually, policies cover any type of injury or illness that prevents you from being able to work.

Some policies exclude certain illness and work-related injuries. To find out if your injury or illness is covered, contact us .

What reasons could terminate my Long Term Disability Claim?
There are many reasons you claim may be rejected or terminated.
Below is a list of most common and possible reasons:
  • You are the age of 65 or attain the age of 65
  • You are in prison
  • You are retired or retire during the duration of the claim
  • Required documentation was not submitted
  • You recover fully
  • Refuse to participate in treatment program
  • Fails to report for a medical examination
  • Start a new job
  • Refuse to continue application process
  • Death (in some cases your estate can receive a lump sum of your benefits)

My insurance company changed the definition of my disability and now I am no longer eligible to receive my benefits! What does this mean?
Since Long Term Disability is not standardized, your contract can be subjected to change. Usually, policies require that the insurance company pay for your benefits for two years, as long as you are unable to work your previous job. After the two year mark, your insurance company can stop your benefits unless you provide evidence that you are unable to work any job due to your disability.
My insurance company terminated my claim but I am not recovered to go back to work! What do I do?
Document and keep all records of your insurance company telling you about your termination. In many cases, policies require an objective tracking of evidence throughout your claim.

Objective evidence is physical evidence that supports your injury. Such evidence includes doctor visit documentation, test and imaging results, consultation documentation etc..

It is important that if your claim has been terminated and you are not ready to go back to work; you need to keep a paper trail and you will need to seek legal advice. /contact-us/

Does my age matter?
Yes.

The benefit period ends at the age of 65. With some insurance companies, if you are totally disabled at 65, your benefit can extend for 24 months before the age of 75.

You could be eligible for the Canada Pension Plan (CPP) disability benefit. The CPP disability benefit is available to those that have made a contribution to their CPP and who are not able to work regularly due to their disability.

I am part of a union, are the claims different for me?
Yes. Being a unionized worker means you have other factors to consider, compared to a group or individual insurance policy.

If you have a “self-insure” benefits package, you have entered into the Administrative Service Only (ASO) Agreement with the insurance company. This allows the insurance company to act as the administrator of your plan. The insurance company will process and cover all the significant steps in your claim.

When a claim is denied or terminated under “self-insure”, you are eligible under the Collective Bargaining Agreements (CBA) to dispute your termination or denial. This dispute will go through a hearing with the union.
Legal representation is required in these hearings.

My payable income has reduced significantly! Why?
Other sources of income during your claim can reduce the amount of payable income of your benefit. This may be due to direct and indirect offsets.

Below is a list of direct and indirect offsets:

Direct Offsets

-Any income received by the government (Ex. Social Services Ontario Works)
-Benefits programs including Canada Pension Plan (CPP), employee disability benefits, Worker’s Compensation
-Benefits paid under an auto insurance plan

Indirect Offsets

-Retirement benefits linked to any employment
-Canada Pension Plan (CPP) disability pension benefits payable to you by your dependants
-Benefits payable from any association or other group benefit program
-Income from any job or business for profit


Filing for your Long Term Disability claim can be a rigorous and strenuous process. At PW Lawyers, we are able to help you through this process so you receive the care you deserve.

If you have any questions, do not hesitate to call us for a free consultation at (905) 940-5554.

After my injury, I had no hope left. When Dana and Paul took on my case, they told me they would help me reach my goal to get money for the settlement. They took the time and had the patience to help me achieve my personal goals.

Dana had great suggestions for me. It was comforting to know what I should be prepared for, and how I should prepare. If I didn’t achieve goal 1, what would my second goal would be?

Plan A doesn’t always work. The team helped me to prepare myself to put 100% hope in the settlement, and for Plan B to be the best fallback.

I’m very satisfied with the money I got for the settlement – which was more than I expected with Paul’s support and hard work. The organization has great teamwork.

There are people that I have referred to Paul who are interested in legal matters, or accident disability, and some of them have already gotten their case going. In the future, for somebody that needs help, I would suggest them to go with PW Lawyers.

I was hoping that I could pay them back somehow. Perhaps this review is the best way.

Paul Wilkins

Paul Wilkins

Personal Injury Lawyer at PW Lawyers
Paul is a member of the Ontario Trial Lawyer’s Association and the Advocates Society. Frequently involved in pursuing his clients’ claims, his areas of focus include statutory accident benefits, short term and long term disability benefits, disability claims and Canada Pension Plan disability benefits.
Paul Wilkins

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