Disability Benefit Claim | Diamond & Diamond Lawyers

No one ever wants to be able to file a Disability Benefit Claim. Being so means your life has changed forever because of impairment. However, denial will not get you anything, least of all the disability benefits you need and deserve to help you cope with your new challenges.

While it is not necessary to consult a lawyer to make a disability claim, it would be advisable that you do so. The disability claims process can be confusing, so it is easy to make a mistake. Perhaps you already know that because your claim has been denied.

A disability benefits lawyer has the experience and knowledge to help you get the maximum benefits owing to you either way. Your lawyer can also represent you with insurance companies in case of a dispute over your disability benefits claim. 

Introduction to Disability Benefit Claim

What is a disability benefits claim? Disability benefits replace the income you would usually have if you had been able to work, which you have been unable to do due to a physical disability, mental disability, or illness.

Disability resulting from serious injury comes in many forms and from various causes. These include vehicular accidents, slips, falls, brain injuries, work-related injuries, and birth injuries. Many of these injuries could be due to a third party’s negligence or reckless conduct and may qualify for a personal injury claim.  

Whether the disability is due to the negligence of others or other causes, you may be able to claim disability benefits from the government of Canada. You have to find the programs or plans for which you qualify and a lawyer for disability benefits.

Disability Benefits From the Government of Canada

Canadians may be eligible to receive disability benefits from the government under different programs. The benefits you receive may cover some or all of the costs associated with your type of disability. However, it is vital to apply for these benefits early as the process may take several months.

Employment Insurance (EI)

Under Employment Insurance or EI, you may be eligible to claim up to 15 weeks of disability if you cannot work due to medical reasons. This benefit pays up to 55% of your regular wage with a $595 cap per week.

If you start a claim between September 26 and November 20, 2021, you may receive a minimum of $300 a week before taxes. Contact your disability benefits lawyer today!

To apply for EI, you need a medical certificate detailing the nature of your medical condition. These could include injury, illness, quarantine, or any medical reason that prevents you from going to work.

Canada Pension Plan (CPP) Disability Benefits

Canadians who have contributed enough to the Canada Pension Plan (CPP) may be eligible to receive a monthly disability benefit if they are less than 65 years old and have a severe and prolonged physical or mental disability that stops them from working regularly.

The CPP disability benefit basic payment is $510.85. If you are eligible, you may receive more depending on your contributions to the CPP. The average monthly amount received for disability benefits is $1,031.55 and a maximum of $1,413.66 (2021).

CPP Children’s Benefits for Dependents Under 25

CPP Disability Benefits extend to the children of a disabled person receiving CPP disability benefits. This program pays each dependent child or ward of disabled contributors a monthly amount if the child is:

  • under 18
  • under 25 and enrolled full time at a recognized higher education institution
  • the natural or adopted child of the contributor
  • in the custody and control of the contributor

Disability Benefits for Veterans

The Veteran Affairs of Canada extends financial, tax-free support to veterans or active members of the Royal Canadian Mounted Police or the Canadian Armed Forces diagnosed with a disability or medical condition due to their service. 

Certain civilians and veterans who served in the Second World War and Korean War (including the Merchant Navy) are eligible. Successful applicants to this program will receive pain and suffering compensation (lifetime monthly or lump sum) or disability pension (lifetime monthly).

Ontario Disability Support Program

If you have a disability and are not eligible for other disability benefits, you may qualify for the Ontario Disability Support Program. The program is for people with disabilities living in Ontario who need help with their living expenses. Some of the costs that this program may cover include:

  • Medical expenses such as prescription drugs and dental care
  • Living expenses, including food, rent, and clothing
  • Help in finding employment

Suppose you are not eligible for federal benefits and you are not in Ontario. In that case, you may still be eligible for programs and plans in your province or territory if you are living with a disability. You can use the Benefits Finder on the Government of Canada website. You will most likely find you are eligible for social assistance, workers’ compensation, and other provincial and territorial resources.

Social Assistance

Social assistance benefits you may receive from your province or territory, municipal government, or First Nation are dependent on your income, savings, and investments. This type of program may cover the cost of your medications, dental services, and medical aids or devices in part or whole.

Workers’ Compensation

You may be qualified to get benefits from the Workers’ Compensation Board in your province or territory if your disability is a consequence of a work-related accident or illness.  If you do qualify for workers’ compensation, it might affect your EI sickness benefits.

Provincial and Territorial Resources

Each province and territory may have its programs for extending financial support to people living with a disability. Refer to the Disability Benefits page of the Government of Canada site for the link to your province or territory for these other resources.

The disability benefits you get will most likely be less than what you need to cover all your expenses. Suppose your disability or illness is due to the negligence or reckless behavior of a third party. If that is the case, you might be able to get compensation for your injuries through structured settlements

Employer or Private Disability Insurance Coverage

If you are employed, there is a good chance your employee benefits package includes disability, health, or pension benefits.The money you get may help cover some of your medical costs, including prescription drugs or physiotherapy.

Employer-Sponsored Health Care Benefits

Health care insurance can help cover the whole or part of your medical costs due to your disability. These costs may include physiotherapy and prescription drugs.

Employer-Sponsored Disability Benefits

Some employers include disability insurance for their employees. This is more of an income-replacement scheme than an insurance payout because the disability benefits will depend on your salary.

Employer-Sponsored Pension

If you are paying into a pension program set up by your employer and you can no longer work, you might want to retire early to start receiving your pension. You might get less than the expected amount if you do that, but there may be no other choice.

If a work-related injury or illness stops you from working, you might want to document it for court, just in case.

Injuries That May Cause Disability

Car Accident

Car accidents can result in injuries that may lead to temporary, partial, or permanent disability. The physical injuries include but are not limited to whiplash, cuts, bruises, contusions, broken bones, brain trauma, spinal cord injuries, and organ damage. Car accidents may also cause emotional and psychological trauma that can have severe consequences to the health and well-being of the victims.

Slip and Fall

Slip and fall events may cause broken bones, soft tissue injuries, traumatic brain injuries, hip fractures, sprained ankles or wrists, shoulder or neck injuries, back pain, spinal cord injuries, and knee damage.

Brain Injury

Brain injuries can be mild, but any type of trauma to the brain can potentially lead to disability. It might result in personality changes, epilepsy, loss of motor control, loss of memory, cognitive or sensory deficits, coma, etc.

Spinal Cord Injury

The level of disability that might result from a spinal cord injury will depend on the location and extent of the trauma. In extreme cases, it can cause permanent and total paralysis. In milder cases, it can lead to incontinence, impotence, difficulty in breathing, loss of sensation, numbness, loss of balance, etc.

Soft-tissue Injury

Soft tissue injuries affect the muscles, tendons, and ligaments. In severe cases, the victim can lose all function and stability of the affected body part for a long time and suffer from extreme swelling and pain.

The effects of disability can bring devastation to someone’s life. Make sure you have the right assistance in your case if you want to receive the compensation you deserve. Talk to a personal injury lawyer from Diamond and Diamond now!

Learn How a Personal Injury Lawyer Can Help

The effects of disability can bring devastation to someone’s life. To get the compensation you deserve, make sure you have the proper assistance in your case. Call a personal injury lawyer from Diamond and Diamond!

At Diamond & Diamond, our team of lawyers relies on their extensive experience in personal injury cases to provide clients with a reliable support system throughout their cases. 

Residents of Ontario and Alberta frequently turn to Diamond & Diamond because of their ability, experience, and willingness to handle complex situations in personal injury.

Are you ready to make your disability benefit claim? Call 1-800-567-HURT for a free consultation.

Disability Benefit Claim FAQs

What conditions qualify for disability?

Any long-term physical, mental, sensory, or intellectual impairment that gets in the way of a person’s full involvement in society on an equal basis with others qualifies as a disability.

How much is the disability benefit in Canada?

The Canada Pension Plan (CPP) disability benefit basic payment is $510.85. If you are eligible, you may receive more depending on your contributions to the CPP. The average monthly amount received for disability benefits is $1,031.55 and a maximum of $1,413.66 (2021)

What automatically qualifies for disability?

Anyone with a physical, mental, sensory, or intellectual injury or impairment that prevents that person from working for at least a year automatically qualifies for disability.

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