What to Expect From Disability Lawyers in Canada

Many people seeking disability benefits are unsure of what to expect from disability lawyers in Canada. This uncertainty can lead to confusion and heightened stress during an already challenging time. At Resolute Legal, we recognize the importance of transparency and education in this process. This article aims to demystify the steps involved in working with our team, helping you manage your expectations and understand what lies ahead.

The journey of working with a disability lawyer often begins with an initial consultation and follows a structured process that includes case review, strategy development, and ongoing support. From your first contact with us to the final resolution of your case, each stage is designed to ensure clarity and efficiency. By outlining the detailed steps—from initial contact to payment of benefits—we hope to provide you with a clear roadmap of what to expect.

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Here’s what to expect from the disability lawyers at Resolute Legal

Here at Resolute Legal, we aim to make the process of working with us as seamless as possible. The following is a breakdown of what to expect throughout the entire process, from the initial point of contact to the payment of benefits.

Step 1: Contact us

The first step to working with us is to reach out. You can contact us in several ways:

• Phone: (888) 480-9050
• Chatbox: Click on our founder’s face in the chatbox located in the bottom right corner.
• Email: [email protected]
• Free Consultation: Schedule one directly

Once you contact us, we’ll either conduct your free consultation immediately or schedule you for one as soon as possible.

Step 2: Attend your free consultation

Our disability claims consultants will conduct your free consultation either over the phone or via Zoom, whichever you prefer. They’ll ask questions about your case and answer any questions you may have. We recommend having relevant documents, like your denial letter, ready for this meeting, as well as a timeline of their leave from work.

Check out What to Expect During a Free Consultation to learn more.

Step 3: Case review and decision

After your consultation, our claims consultant will review your case with our team. If we are able to take on your case, you’ll receive a detailed proposal outlining our representation terms and fees. Typically, our rates range from 25% to 33% for most claims and 40% for workers’ compensation claims.

See How Much a Disability Lawyer Cost and How Much Does it Cost to Work with Resolute Legal for more information on potential fees. 

Online Legal Service Model

It’s important to understand that Resolute Legal operates as a virtual firm. This means that the majority of our services are provided online. Here’s what working with us virtually entails:

• Signing and Providing Forms Online: All required forms and documents are managed electronically.
• Meetings via Teleconference or Phone: We conduct meetings through teleconference or phone to ensure convenience.
• Secure Online Client Portal: You will use our secure online portal to track case updates and milestones and manage documents.

To succeed with us, you’ll need to be comfortable working in a virtual environment.

Step 4: Become a Resolute Legal client

Once you sign the agreement, you officially become a Resolute Legal client!

Step 5: Orientation call with your case manager

Your case manager will introduce themselves during an orientation call, gather background information, and explain their role as your primary contact. They will coordinate all aspects of your case, ensuring deadlines are met and your case stays on track.

Step 6: Kick-off call with your lawyer

In this call, you will meet the lawyer assigned to your case, and they will discuss potential strategies for your case. This includes obtaining your claim file from the insurance company, identifying the reasons for your claim’s denial, and outlining the steps needed to win your appeal.

Step 7: The legal team implements the plan

Following the kick-off call, our legal team will implement the strategy tailored to your case. This often involves gathering additional documents, submitting appeal letters, or filing lawsuits, depending on your specific needs.

Team Approach

We use a team approach to handle your case efficiently. Each team member has a specific role in resolving your case successfully and as quickly as possible:

• Case Manager: The case manager is your primary contact at Resolute Legal. They are responsible for coordinating with you and all other team members. They make sure that your case remains on track and that we meet deadlines and milestones.
• Lawyer: You will have a lawyer for your case. They are responsible for executing the strategy, finalizing all documents, negotiating with the insurance company, and appearing at all meetings and legal proceedings. You will meet with your lawyer at regular intervals throughout your case. They will prepare you for all important meetings and settlement negotiations.
• Managing Lawyer: The managing lawyer oversees the strategy for your case. They support the lawyer in making critical decisions about negotiations, legal issues and case presentations. The lawyers and the managing lawyers meet twice per week to review cases and strategies. You don’t meet directly with the managing lawyer.

When we represent you, we use a team approach and follow our signature process called the The Story Alignment Method ™.

Step 8: Mediation or settlement conference

Not all cases reach this stage, but it is common in long-term disability (LTD) cases. During mediation, we’ll attempt to reach an agreement with the insurance company, either through approval of the claim or a one-time settlement. Most LTD cases are resolved here, often within months for many of our clients. However, it can be much longer, depending on your case.

Step 9: Trial or hearing

If a settlement isn’t reached, your case may proceed to trial. The judge will make the final decision to approve or deny your claim. Both parties have the right to appeal the decision, which could escalate the case to an appeal court.

Step 10: Payment of benefits

If neither side appeals the court’s decision, the benefit provider will begin paying your benefits, usually within 90 days. 

Step 11: End of representation

Our representation ends once your benefits are reinstated or a settlement is paid. Though we’ll no longer represent you, we’re always available to call us with any questions or concerns. 

Medical conditions we can help with

With over 11 years of experience in handling disability and employment claims, we have successfully represented clients facing a wide range of medical conditions. From rare disorders to more common diagnoses such as depression or heart disease, our extensive experience ensures that we are well-equipped to advocate for your unique situation.

The following is an overview of some of the most common conditions we have represented people with:

Disability benefits we can help with

Resolute Legal’s team of employment and long-term disability lawyers represent Canadian workers in claims for:

•  Long-term disability
• CPP disability
• The disability tax credit
• Workers’ compensation
• Critical Illness Insurance
• Accidental Death and Dismemberment Insurance
• Employment cases

In the section below, we outline how our disability lawyers at Resolute Legal can help you with each case type.

Long-term disability & short-term disability

If the insurance company has denied your short- or long-term disability in Canada, it’s important to understand your rights and obligations. Depending on your situation, there could be many obligations and deadlines that apply to you. It is important that you take action to secure your employment rights while appealing the denial of disability insurance benefits.

Our short term disability lawyers and long-term disability attorneys can help you in the following ways:

• Give you a free consultation to explain your rights and options.
• Show you how to enforce your employment rights so you don’t lose your job or medical benefits while appealing the disability insurance denial.
• Get your claim file from the insurance company. It also identifies the “real” reasons your claim was denied and what actions are needed to win the appeal.
• Identify mistakes made by the insurance company.
• Identify the best strategy and action plan for your situation
• Take over communications with the insurance company, so you don’t have to deal with them anymore.
• Write to your doctor to obtain a medical report that addresses the key issues needed to win your appeal.
• File a LTD lawsuit against the insurance company for wrongful denial of disability benefits, infliction of mental distress, and other financial losses.

If your long or short-term disability benefits get denied, or you need help submitting an application, our disability insurance lawyers can assist you. We have helped thousands of Canadians win long-term disability insurance benefits. Click on the button below to schedule a free consultation with our experienced team. 

CPP Disability

First of all, If Service Canada has denied your application for CPP disability benefits, it is critical that you don’t miss the 90-day deadline to appeal. 

Your appeal strategy will be different depending on whether you are doing a Reconsideration appeal (with Service Canada) or a Tribunal appeal (to the Social Security Tribunal).

You must take special care when appealing your case to the Social Security Tribunal as there are a couple of technical requirements you must meet. There are tight deadlines for requesting the appeal and submitting documents before the hearing. Your tribunal hearing is essentially your last kick at the can, so you have to get it right. Consult a disability law firm early on in the process. If you wait until your hearing is fast approaching — or worse yet, after you have already lost your hearing — it may be too late for the law firm to help you.

Resolute Legal’s CPP disability lawyers can help you in the following ways:

• Obtain a complete copy of your CPP disability claim file from Service Canada
• Identify the best strategy and action plan for your situation
• Identify the gaps in evidence
• Obtain medical records, reports, and other documents needed to win your appeal
• Prepare persuasive written arguments (such as appeal letters and briefs)
• Prepare you to testify at the Social Security Tribunal hearing
• Attend your Social Security Tribunal hearing to present the evidence and make arguments 

Our team of CPP lawyers has a proven track record of helping Canadians secure their rightful CPP disability benefits. We believe that everyone deserves fair access to these benefits and take an educational approach to empower you to make informed decisions. Our founder, David Brannen, is a best-selling author known for his books on successful disability claims. Click on the button below to get started!

Disability Tax credit

If you’re facing challenges with your disability tax credit application or appeal, a lawyer can assist in the following ways:

• Initial Consultation: Discuss your eligibility and the specifics of your case during a free consultation.
• Review Application: Examine your application and supporting documents to identify any issues or omissions.
• Identify Gaps: Pinpoint gaps or errors in your application that could have led to a denial.
• Prepare Documentation: Help gather and prepare all necessary medical and financial documents to strengthen your application.
• Prepare Appeals: Draft persuasive appeal letters and arguments to address any denial or issues raised by the tax authorities.
• File an Appeal: Represent you in the appeals process to ensure your case is handled correctly and efficiently.

Did Revenue Canada deny your application or appeal for the Disability Tax Credit in Canada or the Children’s Benefit? If so, call us toll-free at (888) 480-9050 for a free consultation and take the next steps toward getting approved. We represent clients in Disability Tax Credit appeals before the Tax Court of Canada.

Workers’ compensation

If your workers’ compensation benefits Canada has been denied or if you’re encountering difficulties, our disability lawyer can assist you in the following ways:

• Provide a Free Consultation: Discuss your case to outline your rights and potential legal options.
• Review Claim Documentation: Obtain and review your claim file from the workers’ compensation board to pinpoint the reasons for denial or issues in the processing of your claim.
• Identify Errors: Determine any mistakes or misinterpretations in the decision to deny.
• Develop a Strategy: Create a comprehensive action plan tailored to your specific case aimed at overturning the denial.
• Handle Communications: Take over communication with the workers’ compensation board to alleviate the stress of dealing with them directly.
• Obtain Medical Reports: Coordinate with your healthcare providers to gather medical documentation essential for supporting your claim.
• File Appeals or Lawsuits: Represent you in appeals or legal actions against the workers’ compensation board to challenge wrongful denials or seek additional benefits.

Was your WCB claim denied? You have the right to appeal, and it’s crucial that you do. Not appealing could mean leaving significant compensation on the table. If you believe your workers’ comp wage loss claim was wrongfully denied, call us at (888) 480-9050 for a free consultation.

Critical Illness

If your critical illness insurance claim has been denied, our lawyers can provide support in the following ways:

• Consultation: Offer a free consultation to review your policy and denial details.
• Claim File Review: Access and analyze your insurance claim file to determine why the claim was rejected.
• Identify Mistakes: Spot any errors made by the insurance company in processing your claim.
• Strategic Advice: Develop an effective strategy to address the denial and enhance your chances of success.
• Communicate with Insurers: Manage all correspondence with the insurance company to streamline the process.
• Obtain Necessary Documentation: Request detailed medical records and reports that are crucial to your claim.
• Legal Action: Initiate legal proceedings, if necessary, to contest the denial and secure your benefits.

Our critical illness insurance lawyers specialize in helping clients appeal denied claims, whether through an appeal process or a lawsuit against the insurance company. We assist clients across Canada, including Ontario, Alberta, New Brunswick, Nova Scotia, Newfoundland, PEI, Manitoba, and Saskatchewan.

If your critical illness claim was denied, click the button below to schedule a free consultation.

Accidental Death and Dismemberment Insurance

For claims related to accidental death and dismemberment, a lawyer can support you in the following ways:

• Free Consultation: Review your policy and claim details to outline your legal options.
• Claim Review: Obtain and analyze your claim file to understand why your claim may have been denied.
• Identify Mistakes: Detect any errors or misinterpretations in the processing of your claim.
• Strategic Guidance: Develop a tailored strategy to address the denial and pursue the benefits you are entitled to.
• Handle Insurance Communication: Manage all communications with the insurance company on your behalf.
• Document Collection: Work with your medical providers to secure necessary documentation.
• Legal Representation: Initiate legal action if necessary to contest the denial and ensure you receive the compensation owed.

Navigating these complex claims requires a thorough understanding of legal and procedural nuances. An Ontario disability lawyer can provide the expertise needed to address your concerns effectively and advocate for your rights throughout the process.

If your AD&D insurance has been denied, our team of AD&D lawyers can help you win back the benefits you are entitled to by law.

Employment cases

Many people with disability claims have other related legal issues involving their employer. Common disability-related claims against employers can include wrongful denial of short- or long-term disability benefits, wrongful termination of employment, harassment, or violation of human rights. 

Such claims against the employer have to be coordinated with any disability-related appeals or lawsuits you have against an insurance company or government agency. A disability lawyer can help you identify all of your disability-related claims and coordinate them to maximize your chances of success and recovery of compensation. 

Where possible, it’s ideal to have the same lawyer or law firm handle all of your disability-related claims. You want to avoid a situation where you have to hire multiple lawyers or firms that may not be able to coordinate effectively. 

A disability lawyer can help you in the following ways:

• Explain your employment rights and obligations
• Confirm if you are entitled to severance pay or compensation from your employer
• Confirm if you have a potential claim against the employer for harassment or violation of human rights
• Represent you in a claim or lawsuit against the employer for compensation for severance pay, disability benefits, or harassment.
• Represent you in a human rights complaint against your employer
• Negotiate financial settlements between you and the employer

Our employment lawyers will guide you on the best approach for your case, whether it involves evaluating a severance offer, negotiating, or filing a claim for severance pay or human rights compensation. Click the button below to schedule a free consultation with our team.

What is required to be successful with Resolute Legal?

In order to be successful, you will need to meet these six criteria:

1. You must be dealing with a disability claim or employment issue that falls within our scope of work. We represent people in claims involving disability insurance, CPP disability, Workers’ Compensation, life insurance (critical illness and AD&D) and employment law cases. We don’t represent people in provincial disability claims (e.g., ODSP, Ontario Works, PWD, AISH). We don’t do workers’ compensation in all provinces. Currently, we only represent workers’ compensation claims inOntario, Alberta, Nova Scotia, New Brunswick, Saskatchewan, Manitoba, Prince Edward Island and Newfoundland. We only handle Disability Tax Credit appeals that are at the Tax Court of Canada. If we determine your claim is outside our scope of work, we won’t be able to work with you
2. You must be committed to following our Story Alignment Method ™. The truth is not enough to win a disability claim. To win, you must present your claim so that it aligns with the beliefs, expectations and incentives of the person who decides to approve or deny your claim. This can be uncomfortable because we may ask you to do things you would rather not do. Or that you believe are unnecessary.
3. You must be willing to demonstrate mitigation by following medical advice and engaging in a return-to-work process when appropriate. Mitigation means that a person takes all reasonable steps to minimize their losses. This is a key concept for all disability claims. A failure to mitigate is one of the main ways you will lose an otherwise legitimate disability claim. We will identify all instances where you could be considered to have “failed to mitigate.” We will need you to follow our advice on how to fix these situations. We can often turn these situations from a weakness to strengths, but you must be open-minded and willing to follow our advice. Even when it is difficult, or you may disagree.
4. You must be willing to follow our process and do the tasks assigned to you. We have a proven process that has resulted in us reaching a success rate of over 90% across all types of disability claims. All our lawyers and team members follow the same process, which is grounded in the Story Alignment Method. We can’t win the case without your involvement. We will need you to do things like sign forms, review documents, make decisions and attend medical appointments. This isn’t a situation where you can hire us and not be involved. Or demand that we work outside of our standard process.
5. You must treat our staff with respect at all times. We only hire people who enjoy helping others and have your best interests at heart. However, even with the best of intentions, it is possible you may perceive that a staff member has made a mistake or dropped the ball. Even if there was a mistake, it does not entitle you to treat our staff in an aggressive or demeaning manner. Any aggressive behaviour with our staff during a consultation will immediately disqualify you from working with us.
6. You must be comfortable with an online legal service model. To better meet your needs, we have organized our services to be delivered almost entirely online. We did away with the leather chairs and panelled walls and opted for a service model that could be almost exclusively achieved by distance. So, in order to be successful with us, you need to be comfortable working in a virtual way. That means you must be willing to communicate with our team via phone, email and zoom and not expect to have in-person meetings unless it is a necessary part of a legal proceeding. So, if you are okay with ditching the traffic and working from the comfort of your own home, then Resolute Legal will be a great fit for you.

How long does it take a lawyer to get you disability benefits?

I find there are a lot of misconceptions about what it means to hire a lawyer for a disability claim. On one end, there are people who believe that having a lawyer write a threatening letter to the insurance company will result in the approval of a denied claim. On the other end, there are people who fear that hiring a lawyer means the case will take years to reach a decision.

After having helped thousands of people with disability claims, I strongly believe that hiring the “right” lawyer can result in faster approval of your disability claim or appeal. I say the “right” lawyer because not all lawyers are the same. Some will be faster than others simply because they have more experience and/or better office systems and operations management.

More experience equals faster results

Experienced Ontario disability lawyers get faster results because they are better at understanding the full context of the disability claim denial. When they understand the context, it becomes easy to identify what needs to be done to get approval for benefits. When they don’t understand or appreciate the context, they are more likely to take actions that are less effective at securing benefits.

I can only speak to my own experience, but we regularly help people get approved in a matter of weeks or months — not years. Again, the speed at which a lawyer can help you get approval will depend on the context of your situation.

Is it better to have a lawyer for a disability claim?

This is a very common question that doesn’t have an absolute yes or no answer. Whether it is better for you to have a disability lawyer compared to other options will depend on your individual situation.

All things being equal, I believe it’s safe to say that working with the “right” lawyer will help maximize the chance of success for your disability claim or appeal. This is based on my experience in successfully representing people who were denied disability benefits before they hired a lawyer. In fact, there are some studies from the United States that conclude hiring a lawyer can increase a person’s chances of being approved for disability benefits.

The findings

In 2017, the United States Social Security Administration found that disability claimants with lawyers were 2.9 times more likely to be approved than those without a lawyer. Also, in 2017, a Martindale-Nolo study found that 60% of people with a lawyer got approved for Social Security disability benefits — compared to a 34% approval rate for those without a lawyer. This study found that lawyers made the biggest impact at the appeals stage as compared to the initial application.

These studies reflect my own experience as a disability lawyer helping thousands of people with disability claims and appeals in Canada. In fact, Resolute Legal’s very first CPP disability client was in a situation where she had lost at a hearing, but we were about to turn things around by improving how her case was presented to the decision-maker. You can read more about this in my article: The Best Story Wins The Secret to Winning Your Disability Claim.

While you will gain an advantage by having the right lawyer, I strongly believe that most people should try to manage their own disability claim in the initial application and appeal stages. Contrary to what you may hear, insurance companies and government agencies do approve people for disability benefits. So you should first try applying and appealing on your own. 

Ready to Maximize Your Chances for Success?

If you’re dealing with a denied claim or complex disability issue, don’t navigate this challenging process alone. At Resolute Legal, we understand how critical it is to have the right support to achieve the best outcome. With a win rate of 94.48% across all disability claims as of January 2024, our experience and dedication can make a significant difference in your case. Disclaimer: Past success does not guarantee future results, and litigation outcomes will vary according to the facts in individual cases.

Discover how Resolute Legal, a leading disability and employment law firm, can help you overcome obstacles and secure the benefits you deserve. Contact us today to schedule your free consultation and let our experienced team guide you through every step of your claim or appeal.

What are the problems with hiring a disability lawyer?

Having helped thousands of people with disability claims and appeals, I am confident that hiring a lawyer is not the right choice for everyone. At Resolute Legal, we believe that, with the right resources, education, and support, the vast majority of people can competently handle their own disability claims and appeals up to a certain point. 

If you are considering hiring a lawyer for your disability claim, it’s important to understand some of the common problems. This will help you confirm that hiring a lawyer is the right choice.

Five common problems

Based on my experience, there are five common problems with hiring a lawyer for a disability claim or appeal:

• Hiring a lawyer may be an unnecessary expense
• You may get overcharged by the lawyer
• You may have a bad fit with the lawyer
• Lawyers can take longer to do the appeal than if you do it yourself
• You will lose some control over the appeal

Alternatives to disability lawyers

While this guide is focused on disability lawyers, it’s important to understand that there are other options available to you. There are three categories of service providers for disability claims and appeals:

• Lawyers
• Paralegals
• Advocates

Even though Resolute Legal fits into the first category, my goal is to educate you about all your options. So, that means teaching you about all categories of service providers.

Lawyers

Lawyers in Canada have to go through three years of law school followed by a one-year apprenticeship. They receive a general legal education that includes training in legal advocacy and writing. Lawyers are heavily regulated and must follow the rules of professional conduct and ethics. A lawyer can represent a person in any type of disability claim or appeal. Lawyers are required to have malpractice insurance to protect clients against financial losses caused by the lawyer’s negligence. There can be a wide range in the level of competence among various lawyers; they gain experience by representing people in disability claims and appeals.

Licensed Paralegals

Paralegals receive one or two years of general legal education. Ontario is the only province in Canada where paralegals are regulated and licensed as legal professionals. This means that paralegals in Ontario must prove they meet the minimum requirements for education and legal knowledge. They must also abide by the rules of professional conduct and ethics, similar to those that lawyers follow. 

Paralegals in Ontario can represent disability claimants before tribunals — including the Social Security Tribunal (CPP disability); Social Benefits Tribunal (ODSP and Ontario Works); the Workers’ Compensation Appeal Tribunal (WSIB or workers compensation claims); and the Ontario Labour Relations Board (for employment disputes). Like lawyers, licensed paralegals are required to have malpractice insurance to protect clients from financial losses caused by the paralegal’s negligence.

Licensed paralegals can provide a very high level of competence and professionalism in representing people in disability claims. As with lawyers, paralegals gain experience by working on disability claims; there may be a wide range of competence between paralegals based on their individual level of experience or access to a colleague with a high level of experience. Outside of Ontario, non-licensed paralegals fall under the category of disability advocates.  

Advocates

Advocates differ from licensed paralegals and lawyers in that they are unlicensed. This means that, unlike lawyers and paralegals, advocates aren’t held to standards for education or competence. They are not required to follow rules of ethics or professional conduct. Advocates are also not required to have malpractice insurance. So, there may be no financial compensation for clients who suffer financial losses due to the advocate’s negligence. 

Advocates provide a variety of disability claim and appeal services, including filling out disability claim forms and helping people with internal or reconsideration appeals. Some tribunals, like the Social Security Tribunal for CPP disability appeals, allow advocates to represent a person at a tribunal hearing.  

Advocates play an important role in helping people with disability claims and appeals. Even though they are unregulated, there are many competent advocates who provide services that are high quality, professional, and ethical. 

Key takeaways on what to expect from disability lawyers

When navigating a disability claim, understanding the process and knowing what to expect can significantly ease the journey. This article provides an overview of what it’s like to work with Resolute Legal, offering insights into each step from initial contact to the final resolution of your case. While this guide is specific to Resolute Legal, the process is likely similar to that of other reputable disability law firms. By now, you should have a clear understanding of what to expect, helping you feel more prepared and confident as you move forward with your claim.

Ready to take the next step and ensure the best possible outcome for your disability claim? Book your free consultation with Resolute Legal today and let our experienced team guide you through the process with confidence and clarity.

Download our free disability lawyer guide

Learn the dos and don’ts of hiring a lawyer in our seven-step guide. Click on the image below to start making better hiring decisions now.

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