Disability Law

Potential Sources of Benefits in the Event of a Disability

  • Canada Pension Plan
  • Workers compensation
  • Manitoba Public Insurance
  • Personal Injury Insurance through Employer, Union Or Association
  • Personal Loan Insurance
  • Mortgage Insurance
  • Social Assistance

What does “Total Disability” mean?

Each benefit source or plan has a different definition.

Generally speaking, to qualify initially, you must be unable to perform your own occupation. At a certain point, for benefits to continue, a more strict definition applies. However, to qualify for a Canada Pension Plan benefit, you must be disabled from any gainful employment and your medical condition must be prolonged.

How Do I Apply For Benefits?

Contact your employer or other source of benefits and obtain the application form and medical questionnaire. Have your physician complete the medical questionnaire.

The onus is on you to prove your disability.

How Do I Apply For an Appeal?

In the case of Government benefits, you will be notified of your right to appeal. In the case of Insurance benefits, you may need to sue for your rights. In either event, you are entitled to representation by a lawyer to assist you.

How Do I Prove I Am Disabled?

Sometimes, even when your doctor says you are disabled, your claim is disallowed. The onus is on you to provide objective evidence of disability. You may need to provide additional special neurological or physical testing which shows objective functional limitations. You may need to provide additional medical evidence by a specialist. A lawyer who practices in the area of disability insurance can help you obtain evidence of disability.