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Time Limitations for Filing a Long-Term Disability Claim

Navigating the complexities and deadlines of a disability application and the deadlines to sue if you have been denied disability insurance can be daunting. This is particularly the case when a person is in the throes of a medical condition that has disabled them from the very type of work that is required to complete the insurance forms in a timely manner. It is important to know that while a denial for a missed deadline might sound legitimate on the face of the denial, ie. you actually did miss the deadline, there are several legal arguments in a disability lawyers' arsenal to ensure that deadlines are properly applied and people with adequate reasons for deadline delinquency are provided the benefits that they are otherwise entitled.

Here are key considerations regarding time limitations for long-term disability claims:

1. Notice Period: Long-term disability insurance policies typically include a requirement for claimants to provide prompt notice of their disability to the insurance company. The notice period is outlined in the policy document and specifies the timeframe within which the claimant must inform the insurer of their disability. This notice is a critical first step in initiating the claims process and ensuring eligibility for benefits.
2. Statute of Limitations: Long-term disability claims are also subject to statutes of limitations, which are legal deadlines for initiating legal action. In Alberta, the Limitations Act sets out the time limits within which a claimant must commence a lawsuit against the insurance company if their claim is denied or benefits are terminated. The limitation period for breach of contract claims, such as long-term disability claims, is generally two years from the date the claim arose, but there may be exceptions or variations depending on the circumstances of the case.
3. Importance of Timely Action: Failing to comply with the notice period, filing deadline, or statute of limitations can have serious consequences for your long-term disability claim. Missing these deadlines may result in the denial of your claim or the loss of your right to pursue legal action against the insurance company. There are exceptions and the possibility of delinquency forgiveness that may apply to your situation, but this should not be relied upon when determining when to appeal or initiate litigation.
4. Seeking Legal Advice: If you are unsure about the time limitations applicable to your long-term disability claim or have questions about meeting deadlines, it’s essential to seek legal advice.

Our team at Weir Bowen LLP is knowledgeable in Disability Law and is here to assist you when you are in need. Contact us for personalized guidance and support throughout the claims process.