Get Legal Advice Regarding “Appeals” to Disability Insurance Companies

Get Legal Advice Regarding “Appeals” to Disability Insurance Companies

The recent Ontario case of Kassburg v. Sun Life revisits the issue of which Limitation Period is applicable to a denied disability claim. What is the significance of this decision for claimants? Make sure to get clear legal advice about the deadlines that apply to your disability claim, especially in regard to appeals.

Proceed With Caution With An Appeals Offer

When the insurance company denies your claim you should proceed cautiously with any appeals that they offer. Make sure that you don’t allow any limitation periods to pass, as this may result in your claim being out of time.

In Kassburg, Sun Life argues that the deadline for commencing legal action could be much shorter than previously thought. Under Ontario’s Limitation Act, it was thought that, in most cases, the limitation period for disability claims would be two years. However, this decision and the expected appeal could result in a shorter deadline.

Be Aware Of Deadlines

When your insurance company offers an appeal, check carefully to see how much time has already passed from the date that benefits should have been paid to you, as the clock will not likely stop ticking while you appeal.

Figuring this out can be rather confusing, and a definitive answer may not always be possible. It is best to err on the side of the earliest possible deadline so that you don’t miss the opportunity to fight for your  benefits in court.  It is difficult enough to succeed with your disability claim without the added problem of missing a crucial deadline.

So, if your disability claim has been denied, don’t delay contacting an experienced disability lawyer to assess your rights and to ensure that you don’t run out of time to fight for your benefits.


Has your long-term disability claim been denied? Contact Share Lawyers and put our experience to work for you. We offer free consultations and there are no fees unless we win.

We have recently settled cases with Intact Insurance, Empire Life, RBC, Sun Life and many more.

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