Always apply for CPP disability benefits.
If you have been receiving long-term disability (“LTD”) benefits for over a year your insurance company will likely require you to apply for Canada Pension Plan (“CPP”) disability benefits. This seems like a no-brainer at first, until you realize that if you win CPP disability your insurance company basically gets to keep all the money. You will have to give the insurance company the retroactive payment you get from the CPP, your overall monthly income may go down slightly. and, you might get an unexpected tax bill for the retroactive payment, even though you paid...
read moreLong Term Disability Insurance – common questions.
Q.What is long-term disability insurance? A. Long-term disability (LTD) insurance is designed to provide replacement income should you become disabled from work. Often, LTD coverage is bundled together with short-term disability coverage (which may cover, for example, only the first six months of disability) under a group insurance plan provided through your employer. If you have a private life or accident and sickness policy, you may have LTD coverage as well. Q. What types of disability are covered? A. Coverage varies from policy to policy, but generally speaking, LTD policies cover any...
read moreWhat to do if you have a disability claim.
Disability insurance policies are ‘peace of mind’ contracts that pay you a portion of your lost income if you become “disabled” from working as a result of illness or injury. These can be individual/private plans or policies (paid for privately by the person wishing to be insured) or group plans or policies (paid as part of your employment package). The contract or policy will set out the definition of disability. Contractual definitions are always open to interpretation. Generally you will qualify for benefits if you are not able to do all, or substantially all, of the duties of your...
read moreDiscount Rates and Present Day Values.
Discount rates are used to calculate the present day value of a loss of future income or cost of future care that is awarded as a lump sum in personal injury cases. The discount rate assumes that the lump sum will be invested and will earn enough income to create a sufficient stream of compensation for the injured party over the appropriate time frame, with the fund being fully exhausted at the end. This is one methodology of calculating and compensating future financial loss endorsed by the so-called 1978 “Trilogy” of catastrophic injury cases decided by the Supreme Court of...
read moreContingency Fees – FAQ’s.
What is a Contingency Fee Agreement? A Contingency Fee Agreement (CFA) is a contract between a law firm (or lawyer) and the client in a case where legal fees are payable as a percentage of the amount recovered as damages. Under a CFA, the legal fees are payable only if the case is successful. This means that, if the case is not successful, the client does not pay any legal fees. The CFA must be in writing and signed by both the client and the lawyer. What type of cases use a CFA? Mostly, a CFA is used in personal injury or wrongful death matters. It is also frequently utilized in some...
read moreHow are health records used in a lawsuit?
Overview If you suffer from an injury or disability, you will likely receive care from one or more health care practitioners. You will probably be aware that a health care practitioner typically makes records each time you see him or her. These records typically document your comments, the health care practitioner’s findings and the health care practitioner’s diagnosis and opinion. These records help both the health care practitioner who makes the records and any other health care practitioner who receives the records to provide appropriate care to you. If you are involved in a lawsuit...
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